Minimizing Liability for Net Zero Projects

Construction attorney Patrick Barthet is known for his weekly blog offering advice to builders, and in his latest column, he explains how to reduce liability when building net zero homes.

In a column for The Energy & Environmental Building Alliance (EEBA), Barthet says that managing client expectations in high-performance home building is "a bit more complicated," as homeowner performance expectations more likely vary, and may not be realistic. Barthet recommends that builders utilize contractual warranties defining precisely the builder's performance promises, avoiding debate over coverage and terms.

Home builders are accustomed to managing expectations. They do this at the initial client meeting, when drafting contract provisions, and in all progress meetings. As the project moves from design to occupancy, smart builders work hard to deliver the highest quality work possible while at the same time not promising more than they can deliver. Besides making for happier customers, this also helps minimize a builder’s liability.

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