Dealing with Risks (or "What Eeyore Can Teach Us About Sustainability")

For today’s post we touch on the legal environment surrounding sustainable or “green” construction. With any building project, large or small, the law holds a prominent and important place helping define roles for all parties to contracts, clarifying expectations, minimizing risk of disagreement and, finally, serving to help resolve disputes when they do occur.


As society shifts toward environmentally responsible architecture the promise of energy savings, optimized water management, and improved environmental quality become significant in both meaning and implementation. Traditional legal precedents may no longer apply or may fail to recognize the nuances of this important emerging market. Change, in the legal sense, may lead to unforeseen confusion.


I’ve asked a friend and noted construction law attorney, Christopher Hill, to provide a layperson's perspective on the matter. Chris is nationally respected in legal circles and adds value as a Leadership in Energy and Environmental Design Accredited Professional. For those unfamiliar with the LEED AP designation, accreditation requires deep understanding of sustainable design as defined by the US Green Building Council (USGBC). Chris is serious about sustainability and assumes leadership with the emergence of “green” in law. He’s also an entertaining writer. Please enjoy the post:

I am a great believer in sustainable building and the benefits (both economic and environmental) that will come with a more universal adoption of sustainable, more resource friendly, building practices. However, and as I’ve said at Musings before, Eeyore is one of my favorite characters from A.A. Milne.  Eeyore, you may remember, is the donkey on whom it’s always raining.  He is the loveable character that always feels like the sky is falling, but plugs along anyway.

I can relate. I think that the economic impact, combined with the moral imperative, make such a goal both worthy and required.  However, certain risks are inherent in any new use of technologies and any new mode of thinking, no matter how worthy.   Some of the issues that will need to be dealt with by contractors, architects, owners and, yes, lawyers, are the following:

• Insurance- the insurance industry is still catching up with energy related underwriting
• What standard of care applies to a green building claim?
• Potential Trademark claims
• Longer time horizons and contractual or government requirements on energy goals
• Even the possibility of a broken window.
• Zoning

While I sometimes feel like we are rushing past these issues without the careful thought that we need to give such risks in our (understandable) enthusiasm and that it is human nature to be overtaken with excitement at a new venture and the vision of a better, cleaner, world, I am cautiously optimistic that these issues will be hammered out (hopefully through contract rather than litigation).  More and more attorneys and building professionals like Mike (@eXapath) are aware of the potential risks, and this is a great start.

The sooner the risks are at least out in the open, if not resolved, the sooner the private sector will get fully behind sustainable construction and building management. Awareness of the issues is more than half the battle.  From this awareness will come solutions.  I fully believe that these solutions will lead to a better built environment and to contractors and subcontractors that no longer find sustainability to be a novelty, but the normal practice.

My hope is that by pulling back on the reins a bit and hopefully forcing a discussion of these issues, I (and my alter ego that down in the dumps donkey) will help lead to a more robust, and less legally risky, building landscape.

Until then, Eeyore and I will keep plugging through the rain.

Christopher Hill is a LEED AP and construction lawyer in Richmond, VA.  He is a member of Virginia’s Legal Elite in Construction Law and authors the Construction Law Musings blog.  You can also follow him on Twitter at  @constructionlaw.

A Bit About Broadband

Through recent Twitter wanderings I happened across an interesting group who have identified a strategically important cause and dedicated themselves to advancing it. Broadband is a term commonly discussed but its affect on our society undervalued.

Broadband for America is raising awareness of precisely how broadband, and the need for improvements in it, enable many things, not the least of which is rapid growth in our economy. To follow Broadband for America on Twitter click here @broadband4us.


I feel strongly about the need for ever-improving broadband and I am convinced the Internet access we are accustomed to is just the beginning...the World Wide Web is truly an infant.  There is good reason to believe that advanced technology and policy will coalesce with our creative population to generate outstanding economic and social returns for generations and broadband will be central to success.

The following is an excerpt from a recent Broadband for America post the touches on some very important developments:

A Bit About Broadband

I have a soft spot for unsung heroes and today’s post highlights one that virtually everyone takes for granted. I’ll get to that in a bit.

Broadband for America is on a mission to bring high speed Internet to every individual and business in the country. This is a lofty and virtuous goal. At the risk of sounding alarmist, a goal so important that failure to make significant progress threatens America’s greatest strength, that of innovation-driven commerce.

Innovation and Small Business

Broadband, computer technology, the World Wide Web, and courage combine to expand the arena for all to enter. Efficient and frugal exchange is a leveler; an opportunity to unleash creativity and innovation, to establish an audience, to test a new idea or market, to bring value and prosper; a mechanism to engage the talents of an entire population and restore economic strength at a time when we most need more men, and women, in the arena.

Learn more here...

Wires? Isn't Wireless the Wave of the Future?

We're taking a different tack on this post. I'd like to welcome Sean Lintow, Sr. of SLS Construction in Cullman County, Alabama as our first guest to post on Tech Rumblings and the Home.

Sean's at the helm of this family owned business serving northern Alabama but his footprint extends far beyond the sales territory. Sean is an opinion leader who reaches past great quality construction for his clients by thoroughly researching everything that his projects touch to ensure that he and his team are most up-to-date and provide reliable counsel to customers and colleagues.  In short, he's keen to be knowledgeable and places high value on doing things well...a good example for others to aspire to. In fact, as I write this brief introduction, Sean is packing his bags for a multi-day training session on Infrared Thermography, adding more tools and techniques to his kit that will help diagnose construction flaws and lead to dramatic improvements in the built environment for those lucky enough to hire him. To learn more about Sean and SLS Construction be sure to add his blog to your reading list: Homeowner's Resource Center


Sean, in addition to expertise in residential design and construction, has deep experience in information technology and network security, making him uniquely qualified to contribute to today's posting. Sean stretches from bits and bytes to characteristics of today's construction materials and understands how intricately woven all building systems are.

Please welcome Sean and enjoy this piece.

Do We Really Need Wires Anymore?

Let me see if I got this straight, you want me to install eXapath conduit in my walls to help future proof my home for low voltage wiring used for telephone, internet, audio, security and TV connections? In case no one told you, they have wireless devices now, so isn’t going wireless truly the wave of the future? Do we really need wires anymore?

You can admit it; you were wondering about it or had the same thoughts. So, is wiring really dead?

In our recent Remodeling Right: A Hedge Against Changing Technology article we mentioned a great product (eXapath) for running low voltage cabling in your walls. This wiring is used for everything from alarm systems, to your telephone, from your internet connection, to your television. Some people have questioned this by simply asking – "isn’t wireless truly the wave of the future?"

For many that have connected with me on LinkedIn, you may have noticed that I also have a background in the Information Technology field. Based not only on my IT experience, but knowledge of the newer building technologies being used “going wireless” might cost you more than you think. While wireless technology is a good solution for numerous issues, one must realize that with any technology there are limits.
Security:

• Wireless Routers – Many consumers simply hook up their new wireless router using the factory set defaults and just leave it.
• Most default setups do not use encryption, so all the information is sent in clear text. That includes your passwords, your emails, etc…
• Did you change the administrator name and password? Most routers password and admin names are well known
• When was the last time you reviewed the router logs & checked for updates? While many people like to think that these devices are plug & forget – they are far from it
• Cellular Phones & regular wireless phones
• You can buy a radio scanner & listen in on your neighbor’s calls.
• Do they have one of the newer CDMA or GSM cell phones or one of the new wireless ones with channel hopping technology? I hate to tell you this, but that technology has already been cracked and can be gotten off the internet.

Signal Disturbance:

• Natural Disturbances: For one example, I have DirecTV at my house. One of the biggest issues is that when a tornado warning is going off, I generally cannot see where the storm is headed, because the rain and clouds have blocked the satellite signal. While this affects line of site communications, electrical storms can also disturb your wireless signals.
• Microwave ovens and other consumer electronics can also emit noise in the same frequencies and can disrupt your signal.
• Wireless jammers, while outlawed by the FCC, can still easily be purchased online.

Speed and Capacity:

• Wireless Routers utilize what is known as a common signal. As more equipment connects to the access point, the signals are shared and the data rate provided for each device drops dramatically.
• Pretty soon all your appliances, TV’s, DVR’s, HVAC systems will be “online” allowing for manufacturers to send a repair tech out before you know you need them, or allowing you to connect to them while you are away from home.
• Can you imagine the bandwidth being used when your wife is watching a streamed movie, kids are playing online while downloading songs, and you are telecommuting?
• Wireless is still playing catch up – while the latest 802.11n standard promises data transfer of 300 Mbps (compared to 1000 MBPS for the newer wiring) you need to read the fine print attached.

Actual data throughput will vary. Network conditions and environmental factors, including volume of network traffic, buildings materials and construction, and network overhead, lower actual data throughput rate. Environmental factors will adversely affect wireless signal range.

Building Materials and Construction:

I am sure this has happened to you while talking on the cell phone, the person you are speaking to goes “sorry I am going through a tunnel,” “sorry I am losing you” or something similar. Part of this issue is that the signal cannot penetrate the structure or the signal can only travel so far. This issue also applies to today’s houses and buildings. If the building is spread out, contains multiple stories, if there is a lot of concrete, metal, radiant barriers, etc… it can interfere with your signal.
The cost:

Cost can actually play a big factor in your decision process. While you can pick up a router for next to nothing, they make their money up on the Wireless cards you need to buy for each piece of equipment. If you have a laptop only, you might not have to worry about it, but getting a card for your PC, DVR, X-Box 360, refrigerator, etc… it can add up real quick.

Wireless Signals are Not Green?

If you are building and pursuing Minnesota GreenStar certification, arguably the most progressive and detailed green-build program in the US, you might want to forget the word wireless all together…

11-B-12: Install CAT-5e (enhanced) or CAT-6 shielded data cable throughout house to every room where computers and telephones will be used. Avoid Wi-Fi. Use hardwired, corded telephones rather than cordless telephones.

The reasoning:

The recommendations here are based upon safe exposure guidelines accepted by regulatory agencies, particularly in Europe, dedicated to protecting human health from harmful exposure to man-made electrical and magnetic fields (EMF) as well as radio frequencies (RF). The information here may be viewed as controversial since the primary data pointing to concern is coming from Europe. Yet, health researchers in the United States are actively pursuing research in this area.


Because EMF exposure has potential links to headaches, ear and eye problems, memory problems, sleep disturbance (and the physical ailments that come from sleep deprivation), and cancer, we are using what is called the “precautionary principle”— if there is sufficient evidence that there could be harm from exposure to an influence and that exposure cannot be proven to be safe beyond a shadow of a doubt, then precautions need to be taken by the public to protect human exposure to that influence until safety can be firmly established.


Now like most homeowners, I am really getting tired of hearing the “XY or Z may harm you” arguments. I cannot think of one item that will not supposedly cause harm, but there is ample evidence that these electromagnetic fields exist and that they have caused issues with certain individuals. While the Minnesota program is the only one I know of that has this as part of their standards right now, it may be adopted by other “green” programs in the near future.

The Verdict

So should I take it that wireless is bad, and there is no place for it? No, it is a great technology that solves many problems, is easy to setup, and it will be here for many years to come. However, if you do not understand the issues, or its limitations, you may be disappointed at its performance or in for a shock when your banking information is “stolen”. If used appropriately though, one can use both types of hard wired and wireless systems in a complementary fashion and leave room to adapt with change.



An Update

Subsequent to this posting an interesting article was posted by CNN on inadvertent activity undertaken by the troupe of Google "Street View" cars that roam around collecting image and geo-location information. Using open (not password protected) WiFi networks they routinely collected web visit history from WiFi network users. See the entire article here.

Green is the New Gray and that's Okay!

My journey in sustainability continues with today’s report on a seminar attended during the JLCLive show in Providence, RI. Sponsored by The Journal of Light Construction, a Hanley Wood publication, JLCLive caters to residential and light commercial builders through print, web and trade events.

The mission was participation in a full-day seminar on green building to broaden my knowledge, bring clarity to thoughts on sustainable construction, and depart with fewer questions than when arriving.

The time spent was well worth it. A good show for any remodelers or builders interested in refreshing their library of knowledge, seeing new materials and tools, or simply connecting and exchanging notes with others in the market.

Before describing the seminar it’s important to recognize those who often go unrecognized. While delving into sustainability I’ve found people are eager help and I have many to thank.

How Did I Get Here?

Due in large part to our hyper-connected world I learned of the Journal of Light Construction and JLCLive through word-of-mouth, better yet, by word-of-tweet.

Those who know me are aware that I use Twitter for its unique ability to easily find and connect people with shared interests. One such person is Leah Thayer, a talented editor with Remodeling Magazine (Hanley Wood) who tweets regularly posing great questions, and promoting dialogue. I’m grateful to Leah for introducing me to a blogger at Remodeling Magazine named Michael Anschel. Michael is principal of otogawa-anschel a design + build firm from Minneapolis and a knowledgeable opinion leader of the sustainability movement. An interesting mix of design talent, community responsibility, entrepreneurism and unbridled enthusiasm on all things green. By that, I mean green with a pragmatic twist. Michael also happens to be the speaker for the green build session at JLCLive.

Unrelated to JLCLive are more to acknowledge, more than I can practically highlight in this post. Three individuals stand out. Sean with SLSConstruction offers a background in remodeling and residential construction with a small business vantage point on sustainability. Another friend to mention is Merrill Stewart, LEED AP and founder of the Stewart Perry Company a commercial contractor with nationwide scope and leader in the transition to better building. And James Bedell, a bundle of energy and expert in commercial lighting design by day. The remainder of his time is consumed organizing Build2Sustain with focus on sustainable reuse of the many existing commercial structures across the US. I’m convinced he doesn’t sleep and will leave the world a better place than how he found it.

All engaging, all leading, all going well out of their way to help me wade through and learn about green building. None of whom I would know without Twitter. Follow them.

A Square Peg in a Rectangular Hole with Radiused Corners

I almost fit in...sort of...with a little extra effort and finishing I may just make it through. These were my feelings as I arrived for the seminar. The room was cavernous as you might expect with a convention center. Chairs carefully aligned in rows, three to each narrow folding-table, knee-breaking undercarriage, structured learning. Rigid.

I strolled in behind the presenter (suit was a dead giveaway) as he casually suggested that we ditch the lecture style rows and rearrange the furniture in semicircle format to encourage dialogue. Relieved. No need to sit with my back to contributors or speak to the rear of anyone’s head. Many others wandered in and all set-to, grabbing chairs, sliding tables, shaking hands and just getting the job done-predisposed to action.

Attendees chose seats and got comfortable anticipating the start, with hushed conversations among table partners and noticeable fidgeting. Michael broke the ice asking each student to rise, provide background on themselves, names, where they were from, how long they’d been in business, that sort of thing. Most were from the Northeast with one participant from Washington State and midwest representation from our facilitator. The diversity in origin proved beneficial in highlighting some of the regional differences in design and construction. The crowd was generally upbeat, all either remodelers or new construction general contractors. I was the square peg, the sole product guy in the room, and pleased to be there.

The attendees viewed sustainability as a paradigm shift, wanting to understand more about it, hoping to sort through the relevance and priority of various green debates - eagerly planning to grow their businesses, do well for their clients, and by extension leave positive affect on society. This was different and welcomed.

After introductions Michael set expectations by saying, “I won’t be giving any answers today, the session will be interactive and we will challenge ourselves to think through issues and solutions.” That’s exactly what we received...lesson learned.

My Quest for the Elusive Formula

Before attending the JLCLive event I reviewed materials furnished by the USGBC, NAHB, MNGreenStar, BuildingSciences Corporation, EnergyStar, NC HealthyBuilt Homes and many others. Each source providing its own brand of sustainability or regurgitation of work adapted from others. Given the volume of information available and varying explanations of sustainable construction this session confirmed that a formulaic approach to understanding may not be the best approach-getting it right is more complex than that, and rightly so. My mission to come away with “the formula” was dashed but edification wasn’t.

We held helpful discussions, tangential deep dives on specifics, covered basics and organized thoughts and approaches to participating in green. The primary takeaway for me was high-level ordering. A mental process to use in understanding cause and effect with design and material selection related to home design and construction. In the interest of full disclosure the following principles align best with the MNGreenStar school, of which Michael Anschel has affiliation...for this class the prioritization was slightly different and I found it helpful.

1. Site/Community Impact - extension of the projects affect on local and global community.
2. Water Conservation - consideration for use of potable and gray water both in and near the project.
3. Indoor Environmental Quality - establishment of a healthier indoor environment through mold reduction, minimization of toxic inhalants, efficient and natural lighting.
4. Resource Efficiency - durable materials, minimal waste, infrequent maintenance.
5. Energy Efficiency - build for efficiency, reduce green house gas emissions and permanently minimize energy expense.
6. Adaptability - homes are built to stand the test of time, adaptability is a critical success factor and often overlooked.

While all green-build programs have merit and strive toward sustainability I found this list easy to absorb and, specifically, the priority attached to each item compelling. These are just a few highlights from the discussion and I hope a good starting point for readers of this blog who venture this way.

Have I learned? From the JLCLive session and from other information reviewed I now default to questions before drawing conclusions. I see buildings and wonder about optimal orientation. I pass hardscapes and consider permeability and heat island effect. I see wall assemblies and think insulation and vapor management. I notice irrigation and consider gray water with native and adapted plants. Building materials move me past function and aesthetics to embodied energy, end-of-life, life-cycle. Roof lines now do more than keep weather out, they’re about geometry, color and energy management. Learning.

The Dawn of Progress

As important as the material shared in the session, I found refreshing the enthusiasm of those participating. These were construction pros. Some more accomplished and comfortable with the notion of green build than others but each offering valuable insights for this square peg. One group stood out in both attendance numbers and zeal for doing things better - for continuous improvement. Harmony Builders, led by Wyatt and Dan, formed their model around sustainable building, not for fashion or trend sense, but because it was the right way for them to add value for their customers and to lay a foundation for generations to come. Long-term thinkers - doers - role models - winners, leaving satisfied customers and durable projects in their wake.

The Harmony Builders team knew a great deal about green building through experience, were happy to share and most assertive at learning more and better tips, techniques and ideas. In Dan’s words “Our process for building is constantly being scrutinized and evaluated by us. One of the things we say to each other is that when you stop learning you start going backward. I find it sad when I meet a builder that knows it all and has for a while.  Like Michael Anschel said, ‘there are no answers.’  I believe It is the struggle for the answers that make the difference.”

Dan’s comment sums up my experience with the green build session at JLCLive nicely. Do things better.

I left with more questions than when I arrived, adapted mission accomplished.

Green is the new gray and that’s okay!

We Want Faster Horses

While drafting this post I happened across an anonymous quote and it struck me as relevant. “If Henry Ford had asked his customers what they needed they would have said faster horses.”

History confirms that Mr. Ford was not ignoring his customers, simply listening better than most with vision firmly fixed on the horizon. A paradigm shift in the making.

Differentiate Begins with Different

The accomplishment of Ford and his enterprise is remarkable on many fronts. Revolutionizing production, vertical integration, value-based design, commonality of components and guerrilla marketing for its day.

Ford successfully shifted the expectations of his prospects to understand the value he proposed. From this grew many opportunities for others along with entirely new markets and industries to support them. No easy feat:

• Roads were primarily cobblestone or rutted cart paths
• Street cars, railroads and ferries were the de facto modes of mass transit
• Horses, carriages and wagons were the norm in personal transport
• Interstate highways did not exist
• Fueling stations were rare
• Repair shops scarce

For sure Ford was marketing his twenty horsepower Model-T as a replacement for draft and quarter horses and associated wagons and carriages. He kept at it with the basic “Tin Lizzie” that remained largely unchanged for decades. After a successful twenty year run it was phased out in favor of the Model A in 1927.

It’s interesting to review advertisements from the early days. In 1908 Ford marketed the Model T. Print advertisements in black and white, likely all that was available, mainly textual with very limited graphics. A simple message - function, durability, and business sense “Eleven to seven. A merchant who knows says that it cost him eleven cents per delivery by horses and seven by Ford cars.”, obliquely targeting the newfound limitations of his prospects faithful steeds.

By the 1920s Ford had shifted mainstream customers toward the automobile and learned that growth and survival depended on addressing needs rather than simply providing a good product. This is reflected in the advertising of the twenties where graphics are emphasized, color introduced, and the message moving from durability and reliability toward lifestyle and choice...freedom and flexibility for Ford customers. A notion that rings true to this day.

(More Ford Motor Company advertisements can be found at www.thehenryford.org museum)





Life-Cycle Mismatch

A life-cycle mismatch exists between home building conventions and the changing needs of contemporary homeowners.

Today’s home construction paradigm is to overbuild with lots of permanently installed low voltage wiring. This includes in-wall cables for computers, television, home theater, whole-house audio, security and automation. On its face the habit makes sense. Many cables and outlets with all sorts of connectivity throughout the home for immediate and future needs. Structured wiring ready for TV, data, telephone, automation and security. What more could a homeowner want?

Less obvious when designing and building is that low voltage wires permanently embedded in your walls have real limitations in form factor and performance. This is not to say they’re poorly designed, rather that they sustain known performance requirements but fail to recognize how quickly the technology behind consumer electronics change.

Compare the life expectancy of any consumer electronic gadget to the lifespan of the home and a major mismatch becomes clear.

Disruption

In today’s residential design and construction community a welcomed shift toward sustainability is taking hold. As emphasized by the USGBC and NAHB, a key element in “green” construction is to minimize home energy consumption and conserve from there.

Using an integrative approach with collaboration between homeowners, architects, and builders, new homes are being right-sized with efficient climate control systems and building shell improvements including advanced insulation. Energy requirements reduced, conservation increased...a net gain in comfort with reduced carbon footprint.

So why be concerned with low voltage wiring?

It’s not the cables so much as the changes to those cables throughout the life of the home. We often rewire when new consumer electronics come to market. The process involves “snaking” behind sheetrock and within the stud cavity of the wall. While not obvious from the undisturbed surface, the process is destructive to properly installed insulation.  Snaking wires through walls disrupts the insulation envelope creating voids, or thermal bridges, and opportunity for permanent heat energy escape. This works against modern principles of energy conservation in home design.

We Want Faster Wires

Like better transportation in the early twentieth century, faster wires will be necessary in the twenty-first, with continual upgrades throughout the life of the home.

To effectively answer this challenge, the home structure needs a way to rewire without disrupting its energy conserving nature. This is precisely what the eXapath™ in-wall cable pathways system from Homepath Products achieves. An idea that goes far beyond adding a cable chase from the attic to the basement or a few conduits in the walls.

• eXapath is about homeowners and their needs.
• It’s about adding the flexibility to rewire every wall.
• It’s about the ability to adapt to the latest technology.
• It’s about the flexibility to introduce technology from floor to ceiling.
• It’s about adding outlets before or after drywall without disruption to the insulation envelope.
• It’s about flexibility and choice.

Building Freedom and Flexibility for Modern Homeowners

We know the need to conserve energy is here to stay, and rightly so. Likewise, consumer electronics evolve and demand grows unabated.

Don’t just give homeowners what they want, give them what they need. Freedom and flexibility for a modern lifestyle. Choice.

Couple the integrative design/build approach emphasized by the USGBC and NAHB with eXapath. Play a role in shifting the latest paradigm.

Energy savings and replaceable cabling.