Schedule Rules

I was reading the March/April Issue of Construction Law Briefing and came across an interesting article about scheduling.  It seems pretty obvious that sticking to a schedule is very important, but this article really brings it home.  Let me give you a quick summary:

One of the most important aspects of a construction contract is the schedule. Even a recovery schedule may not be enough to save a contractor from an early default termination of the contract. This is demonstrated in the following case involving big names such as McDonnell Douglas, General Dynamics and the U.S. Navy.

McDonnell Douglas and General Dynamics were contracted by the Navy in 1988 to design, develop and produce a new stealth fighter. The first flight of the first prototype was originally scheduled for June 1990. Additional deployments of more advanced prototypes were to take place each month through 1991.

The Navy realized the design process was taking longer than anticipated, so it attempted to negotiate a new schedule. However, the contractors, already expecting a $2 billion loss, insisted on presidential relief from the contract’s price terms.

A recovery schedule was issued by the Navy in August 1990 without the contractors’ agreement. The first flight was moved back to December 1991, and the remaining aircraft were to be released every other month through February 1993.

Manufacturing the fuselage parts proved more difficult than expected. The contractors had to cut costs and did so by eliminating overtime and cutting 110 employees.

The Department of Defense stepped in to review the project’s status. On January 7, 1991, the Navy terminated the contract, claiming that the contractors could not complete the project within the allotted time.

McDonnell Douglas and General Dynamics sued the Navy, claiming a termination of convenience rather than a default termination. The Court of Claims initially agreed with the contractors and they were awarded $1.2 billion for the termination costs.

This was not the end of the case, however. The Court of Claims, after a series of appeals and new trials, reversed their decision and determined that it was indeed a default termination. The court determined that the contractors’ demands for presidential relief were unreasonable and that they should have been more willing to renegotiate the schedule. The court also determined that the Navy’s unilateral recovery schedule was not unreasonable and that it was enforceable.

The Court of Claims reviewed a series of internal documents in which the contractors stated that they would not be able to meet the scheduled deadlines. The court observed:

The law does not require the Government to help “fix the contract.” The Government can point to reasons in retrospect why [the contractors] were not making the progress that some officials hoped and perhaps expected. So long as those reasons form a rational basis for a reviewing court to uphold [the] decision to terminate, the court must do so.

The initial $1.2 billion award to the contractors was then taken away.

 

As this case demonstrates, it is of high importance that a schedule be followed. If a recovery schedule becomes necessary, a contractor should review it carefully with legal counsel. If the schedule is reasonable, the contractor should be prepared to stick to it to avoid early default termination of the contract.

Black Mold – The Home Invader

What is it? 

Black mold is a genus of molds, also called Stachybotrys. Black Mold prefers to call cellulose-rich materials like fiberboard, gypsum board, paper, dust, and lint “home sweet home.” But what it can do to your home is anything but sweet.  Black mold wrecks havoc on your indoor air quality-often coming to life if fungus on water-damaged building materials goes unchecked.

 

What causes it? 

Mold spores only need certain basic conditions to reproduce and grow.  Give them water, food, and the right temperature range and they will thrive. Black  mold grows better in a dark environment with an organic, porous material to grow on.  Such materials are often the black mold’s very source of both food and water. Growth typically occurs when there is moisture from water damage, excessive humidity, water leaks, condensation, water infiltration, or flooding.  

 

What problems are associated with it? 

Black mold can cause problems for your health and your home.  Watch for the following symptoms if you suspect you have a black mold infestation:

• Itchy Throat
• Watery Eyes
• Headaches
• Memory Loss
• Irritated skin
• Excessive Coughing (even coughing up blood)
• Excess Mucus
• Bleeding in the lungs
• Mold in the bloodstream
• Possible mild strokes
• Fatigue

 

In your home, it can manifest in a number of ways.   If you have dry rot, you probably have black mold. Dry rot, a common condition in older homes, is a bacteria similar to mold and needs the same type of conditions for ideal growth-a damp, dark spot in your home.  Another indicator is if you notice tiny trees growing in your rain gutters.  It means they’re blocked-and potentially providing the perfect playground for black mold. 

 

 

Other sure signs that you may have black mold invading your home:

• You’ve recently had a basement flood, or you’ve got a serious basement leak.
• There are musty or mildew-like odors somewhere in your home.
• One or more of your walls is discolored, or the paint is cracked and peeling
• Your wooden floors are warped

 

How can it be treated?

If you have a small, isolated problem with black mold, the solution is quite simple.  In most cases mold can be removed by a thorough cleaning with bleach and water. If you have an extensive amount of mold and you do not think you can manage the cleanup on your own, you may want to contact a professional.  Call the professionals at Air Now, who have experience in cleaning black mold in buildings and homes.

 

If you prefer to be your own handyman, you can try the following on your own before calling in a professional:

 

Locate and fix all sources of mold-causing water intrusion such as recurring flooding, plumbing leaks, leaky roofs or siding, blocked air-conditioning condensation drain lines, and high indoor humidity.

 

Inspect and test inside, above, and below each water-damaged ceiling, wall, and floor with a fiber optics inspection device or at at-home mold test kits, which can be purchased at hardware or home improvement stores.  Cut off small one inch squares of core dry wall to sample. Remove the sample and look in the middle and back of each core for visible black mold growth.

 

Find and locate all toxic black mold infestations (visible and hidden) in the entire home or building.  Wherever you see visible black mold, you can simply use clear Scotch tape to lift a sample off of it, or scrape visible mold particles into a mold test kit.  Mold may be hidden in places such as the back side of dry wall, wallpaper, or paneling, the top side of ceiling tiles, the underside of carpets and pads, etc.   Black mold also likes to live around leaking pipes, wall surfaces behind furniture (where condensation forms), inside ductwork, and in roof materials above ceiling tiles.

Test the outward airflow from each heating/cooling duct for high levels of airborne black mold spores. Airborne mold spores from heating and cooling ducts will usually enter through them as well as the rest of the building.  If you have a problem, calling a place like Air Now and allowing professionals to remove it, can bring you peace of mind and a mold-free home.

 

Replace any mold-infested heating/cooling equipment and ducts .

If replacing everything is too expensive for you, do repeated mold fogging and mold spraying with a mold fogging machine or sprayer into the return air duct while the system is running.  The fan ventilation will distribute the fungicide to interior surfaces. Fogging is much more wide-reaching, and therefore more effective in killing black mold than spraying alone.

 

How Can Black Mold Be Prevented? 

• Keep humidity level in house below 50%.
• Use an air conditioner or a dehumidifier during humid months.
• Periodically wipe any growth from your HVAC cooling coils with disinfectant
• Clean/disinfect the drain pan (where the condensation from the cooling coils drip)
• Change HVAC filters regularly
• Remove potentially contaminated insulation lining the ductwork of your HVAC system, or it will spread mold spores throughout your house when it is running
• Be sure the home has adequate ventilation, including exhaust fans in kitchen and bathrooms
• Use mold inhibitors which can be added to paints
• Clean your bathroom with mold-killing products
• Do not carpet your bathrooms
• Remove and replace flooded carpets

 

Whether it is prevention or a cure you’re going after, calling Air Now and enlisting their professional help will go a long way towards preserving your health and your home.

Own a Heat Pump? Here are some tips.

You should get to know your heating pump system before it stops working. Listen for the sounds it makes, how long it stays on and learn where everything is. If you take a few minutes to get to know it, you’ll be prepared if something goes wrong.

Ask your service technician for a analysis on your next maintenance inspection if you’re unsure where things are. Except for a few minor owner-capable maintenance items, only experienced service personnel should perform heat pump troubleshooting repair and service of your heat pump. If you suspect your heat pump is not performing properly, after referring to “heat pump troubleshooting” instructions, you will be able to determine if calling for service is required.

Your installer can be a good source of heat pump service. For questions concerning installation, alteration, operation, service and upkeep, contact your installer or a heat pump troubleshooting service. Warranties are often canceled if the heater is used or repaired improperly.

In addition to possible voiding of warranties: watch out for unapproved installation of your heat pump. Non-standard modifications, poor or incorrect maintenance by unqualified personnel, or improper use of the heater may result in personal injury and/or property damage. To avoid damage to equipment, it is important that safety instructions displayed on the heat pump, and that your manual, be read and followed.

Maintenance of the Heat Pump

The main component of the vapor mass heat pump system is a compressor, designed to pump cool refrigerant gas from the evaporator into the condenser. The compressor design can either be a centrifugal or a rotational screw type. The building size and the HVAC system will determine the type of compressor.

Regardless of the compressor type, it raises the temperature and pressure of vaporized gas, forcing it into the condenser. The compressor should never pump fluid. This will not only damage the compressor, but can also create a safety hazard.

The refrigeration unit needs to be properly maintained and the heat pump requires periodic inspection and testing. Unfortunately, the compressor is often ignored until it breaks down or stops running at which time it gets replaced, and the system is back up and running, at least temporarily. Be sure to hire a qualified heat pump technician to perform this service if you need to access the refrigeration side of the system.

If the display is not lit, make sure the main breaker in heat pump and the disconnect switch are both turned ON. If the display reads “flo” there may be a valve located incorrectly, allowing water to by-pass the heat pump; be sure water is flowing through the heat pump. If the display reads “off” raise the desired water temperature above the actual temperature and the unit should start after a three to four minute delay.

If the air blowing out of the top of the unit is noticeably cooler than the surrounding air,

make sure all air coils are free from barriers, also low roof overhangs, landscaping, walls, and fences, etc. 

 

Troubleshooting Compressor Electrical Motor Faults

A clamp meter is a great implement for troubleshooting electrical motor faults – especially meters designed to measure both AC voltage and AC current. These meters let the flow be measured without breaking into the electrical circuit. A compressor failure is often caused by an electrical failure. To check the compressor for electrical problems, check the voltage at the starter terminals, followed by de-energized tests at the compressor: Use an insulation tester to check resistance on windings and check each distortion to the ground.

Occasionally, defective compressors with electrical winding failures are caused by an electrical-system crisis. To verify whether the electrical system is at fault, use an infrared thermometer to scan connectors, wiring, and circuit breakers while the equipment is operational. Check the compressor and pump motor amps to verify that they were within the manufacturer’s proposal measure. Any loose connections or overloaded circuits will appear as abnormal temperatures; however, mechanical-system failure or inferior installation and service practices often cause compressor electrical problems in heat pump troubleshooting.

 

Maintenance and Troubleshooting the Chillers and Cooling Systems

Good maintenance often requires simple, but labor-intensive procedures and a checklist for the maintenance staff. As soon as possible, refrigerant leaks should be fixed, the condenser and evaporator coils for heat pump troubleshooting should be cleaned regularly and checked for debris that could block airflow or water flow. In terms of general maintenance considerations, keep water strainers and filters clean, check oil heaters; follow manufacturer-recommended inspections for routine overhaul measures, and time frames. The pumps should be checked quickly by measuring the differential pressure across the inlet and discharge of the pump circulating,. Check the refrigerant quantity, system pressures and heat, water-flow rates, and ensure a third-part oil analysis on compressor lubricants.

Energy Efficiency – Improving your HVAC Systems

There has been a great proliferation of “green” building interest by homebuyers and builders over the last few years. Building energy efficient homes and cultivating energy efficiency in our homes can increase their value. We all hear a lot about reducing our “environmental footprint,” the amount of energy that we use and the amount of waste that we create. One of the best places to begin making our homes energy efficient is in our homes, ensuring that they use energy as efficiently as possible. Here are some of the ways to look at energy efficiency and what to consider in choosing or renovating a home.

There are numerous mortgage programs that allow home buyers to finance the cost of energy improvements into their mortgage in response to the growing demand to conserve energy in our homes. These new mortgages increase their loan-to-value, or improve their qualifying ratios. Some of the more common improvements that are used to make homes more energy efficient include the addition of high efficiency heating/cooling systems, and improved insulation. All of these contribute to reduced energy use, and also make homes quieter, more comfortable, and more desirable. There are two types of financing options available that cover a variety of situations for energy efficient homes. These mortgage programs allow buyers to buy more expensive homes that have a lower ownership cost that offsets the larger mortgage payment.

 

Making an energy efficient home

The heating and cooling costs of a home represents the largest cost outside of the home mortgage expense. Everyone wants a home that is comfortable to live in, and yet it can be expensive reaching a comfortable level of costs associated. Energy efficiency can be defined as the use of products or systems that use less energy to do the same or better job as conventional products. In home construction and performance, there are many areas where energy efficiency can be attained, to allow you to meet those desired comfort levels. The EPA’s ENERGY STAR® program has developed a process for evaluating products used in a home, such as appliances, windows, lighting and other products that meet or exceed efficiency standards or recommendations. When choosing products for a home, ensure the products meet Energy Star ratings. These can include the furnace, air conditioning and water heater performance, replacement of appliances in the home, and installation of energy efficient lighting.

 

Other design aspects have a significant impact on the energy performance of a home. For the environment, insulation levels should be correct, and more importantly, good installation of the insulation is critical in ensuring it is performing at the expected levels. Air penetration and seepage can be another area where hidden openings in the building shell can let heat and cooling losses happen, thus reducing the home’s performance efficiency.

In addition to the presentation of individual components in a home, the EPA’s ENERGY STAR® program also works with builders to qualify and certify home performance, to ensure that maximum performance is achieved. ENERGY STAR® qualified homes are designed to be at least 15 percent more energy efficient than homes built to the 2004 International Residential Code. ENERGY STAR® qualified homes offer homebuyers all the features they want in a new home, plus energy-efficient improvements that deliver better performance, greater comfort, and lower utility bills. ENERGY STAR® homes have had their energy efficiency independently verified by an inspector known as a Home Energy rater. A Home Energy rater will inspect and test the home during construction, and verify that the home meets EPA’s strict guidelines for energy efficiency.

 

RESNET; Establishes rules for the energy rating industry

RESNET was founded in 1995 to develop a national market for home energy ratings and energy efficient mortgages. RESNET’s main goal was the development of standards for the rating services quality. The standards set the national procedures for home energy ratings, and include testing and accreditation for raters and providers, development of confirmation processes for homes meeting EPA’s ENERGY STAR® program and energy efficient building standards, as well as meeting local Energy Code compliance. A certified HVAC rater follows a set standard as to how a home is measured, verified and rated, and must comply with national standards to continue to perform certified ratings.

 

What is an energy audit?

A home energy audit consists of a full visual analysis of the mechanism and aspects of the home, along with energy efficiency performance testing of air infiltration with a tool called a blower door. Evaluation of home energy bills can also be included. A blower door slightly de-pressurizes the home and reduces the amount of air leakage present. The home is compared to a hypothetical reference home that is based on the IECC 2004, and the home is then provided with a rating. The rating can be a numerical rating based upon the EPA’s ENERGY STAR® program requirements.

Along with the actual accomplishment, the homeowner will be given details on areas of the home that need to be improved, in order to save energy costs further and improve the comfort and energy efficiency of your home.

 

How Healthy is Your Home’s Air?

Four Steps to Cleaner Indoor Air

 

According to a recent study by the EPA, it is estimated that the average American citizen spends almost 90% of their time indoors.  This same study found that levels of certain pollutants are considerably higher than outdoors, ranging from two to 50 times higher for pollutants such as radon, formaldehyde, styrene and chloroform.  

 

When we mention or think about the potential poor quality of the air we breathe, most envision a brown cloud of smog hanging over a major city.  However, the air quality found inside our homes is often much more polluted than any congested interstate.  Combined with the amount of time we are exposed to this poor quality of air, it becomes a major concern when considering what type of heating, air conditioning and ventilation system we can install or buy for our homes.

 

Current technology has made controlling the air quality indoors much more effective and efficient.  Advances in heating, cooling and filtration can significantly reduce or eliminate many toxins in our household environment.  The biggest advances in the field, though, have come in the detection and analysis of how our homes have become so polluted.  Armed with this information, consumers can now make intelligent choices about how they combat indoor air pollution and maintain the best air quality in their homes. 

 

Most indoor air pollution is caused by either the products we use in the home or by environmental causes.  The materials used in modern home construction can contain a soup of chemicals and toxins.  Compounds such as styrene, formaldehyde and benzene are emitted constantly from products as diverse as particle boards and plywood, carpeting, wallpaper and paints.  Environmental substances such as radon, lead, carbon monoxide and nitrogen dioxide are produced by our own actions, including smoking, fireplace use and even simply burning a candle.

 

Home owners can take action to assure the air within their home is not harming them.  Today’s heating, ventilation and air conditioning (HVAC) units can effectively reduce the amount of harmful chemicals and allergens if used routinely and with the latest innovations.

 

Filters

The first line of defense in any home’s air quality program is the filter.  There are many different types of filters from which home owners can choose.  The replaceable filters most of us are familiar with are usually made of polyester or some other synthetic material.  While these can catch large particles, like dog hair, airborne debris and some larger dust particles, they will not capture smaller, and often more dangerous, chemicals or fumes.  In order to begin ridding your home of airborne irritants such as fine dust, animal dander, and other particulate pollutants, homeowners should consider using either an electrostatic or HEPA filter.  The advantages to both are that they trap much higher percentages of much smaller particles.  Electrostatic filters have a self-renewing electrical charge which attracts small particles of dust and dander.  HEPA filters can achieve close to 100% filtration of even the smallest particles.  While both cost marginally more than the average polyester or mesh filter, the advantages are clear – and cleaner air.  

Humidifiers

We often don’t think that humidity has anything to do with air quality.  But if your home’s air is too moist, fungi, mold and viruses can blossom to unhealthy levels.  Should your air be too dry, dust and airborne particulates increase in by many fold.  So achieving the proper level of humidity in your home is an excellent way of improving its air quality.  The ideal humidity in your home is between 45% and 65%.  Many home HVAC systems can help stabilize and maintain this ideal range by use of either an auxiliary humidifier or a dehumidifier or desiccant which is integrated into the unit.  This can be of major importance should your local weather pose special problems.  In coastal areas and areas prone to heavy rainfall, a dehumidifying system can offer improved comfort and air quality.  In dry, arid areas, a humidifier can not only provide cleaner air, but also alleviate many conditions brought about by dry air quality, such as asthma, dry skin and increased chance of infection.

Building Materials

Perhaps the best way to improve your home’s air quality is to avoid the pollutants all together from the start.  Most building materials “off-gas” the chemicals used in their productions.  Plywood, fiberboard and composite or laminate wood products are the chief offenders.  Carpets, textiles, drapery and wallpapers also contribute to a mixture of exotic gasses and compounds.  When selecting materials used in your homes construction, or when buying new products, take into consideration how they were constructed.  Many producers of these items now offer labeling which outlines their “green” content.  Take advantage of this information also when purchasing your HVAC systems.  Make sure that the exhaust from your system contains minimal toxins and is vented properly.  Additionally, your heating, air conditioning and ventilation system should be manufactured with a low level of potentially pollutant-creating materials.  

Ventilation

It is unlikely, even with the best efforts and above methods, that you will completely rid your home’s air of all pollutants.  The best way to improve the air quality indoors is to circulate it so any residual toxins will be quickly removed and vented to the outside.  All HVAC systems by definition will circulate and ventilate your home.  Some, however, do so more efficiently than others.  While you may spend a lot of time choosing your HVAC system based on factors such as cost, efficiency and features, an equal amount of time must be spent in choosing your ventilation system.  Ducts should be cleaned regularly to avoid buildup and debris.  The ducts should also be designed with the volume of air being moved in mind.  If they are too small, air will not be sufficiently vented.  If they are too large, the volume of air being moved will not be sufficient.