Rooster Charger

Paris may have been the original inspiration for the colorful artwork and accessories by Darrellene Designs, but rest assured it is all American made – including this Blue Rooster Charger, which is our Greenspiration Home American Made Pick-of-the-Week.

Tommy and Darrellene Lindsey have a special place in their hearts for Paris. After all, it’s where they got engaged. But when it comes to creating their own unique line of wall art and kitchen accessories inspired by vintage French cheese labels, they use nothing but American creativity, materials, and labor.

“As an artist – everything around you is an inspiration,” explains Darrellene, whose style frequently incorporates whimsical interpretations of nature. Tommy, also an artist, is more inclined toward graphics so their designs are a perfect balance of color, creativity, and symmetry. Their first design captured the Eiffel Tower, the scene of Tommy’s marriage proposal.

All in the Family
The Blue Rooster was developed for an auction at their daughter’s school and subsequently became one of the most popular images in their line.

“I had the children in my daughter’s class put their fingerprints in the feathers and flowers, but you would never know,” said Darrellene.

All of Darrellene Designs’ production is in Dallas, Texas. The original artwork is all painted by hand by Darrellene and Tommy and then reproduced thru a giclée-on-wood technique. The designs are applied to a variety of items including placemats, lazy susans, coasters, side tables and more. All of the materials are sourced locally, and include wood that is CARB 2 compliant, meaning that it meets the California Air Resources Board (CARB) limits for formaldehyde emissions.

Darrellene and Tommy come out with new products and designs each year and will soon include designs from their daughter as well. They are sold through various retailers and catalogs, including NapaStyle. To see the entire collection visit http://darrellenedesigns.com

Carolyn Tierney, one of New York City’s foremost eco-interior designers, specializes in sustainable interior design that fits each client’s personality and space. She focuses on new home construction, historical renovations and multi-family public space renovation. View her work at www.ecoteriorsolutions.com

The standard boiler drain was removed and the new drain and water line were installed.

It’s a common scenario – a master bath located on the opposite side of the house from the water heater.  If you are accustomed, like we were, to long waits for morning showers or warm water to wash your face and hands, you understand how frustrating this can be.   We were tired of the wait and we were tired of the waste, so we came up with a solution that is a variation on a typical hot water recirculation system – a direct loop to our master bath.

The COLD End of the Loop
Our home is about six years old, a ranch style just under 1850 square feet.  We have four bedrooms, three full bathrooms, and a finished basement.

When we designed the home, we put the high efficiency furnace and water heater on one side of the basement.  This allowed me to keep all the mechanicals in one area so when I finished the basement, there was lots of open space.   That part was good.  However, we soon discovered this made for a long wait for hot water.  My wife was frustrated with the wait and I was concerned about watching all that treated water go down the drain.

The pump with the temperature sensor flanked on each side with ball valves.

Faster Hot Water!
My first attempt to correct this was to wrap all of the hot water copper lines with pipe insulation.  This helped, however it was not a solution.  We still had to wait for hot water in our master bathroom.  This was bothersome to me as a homeowner because of the inconvenience, but also because I happen to be a green builder and wasting water bothers me.

The solution came one day while working with our plumber.  Since this is a ranch style home and I had installed a suspended ceiling when finishing the basement, we decided to create a temperature-controlled loop on the hot water line.  This may sound complicated, but it was really very simple.

At the water heater, we drained the tank and replaced the boiler drain (valve near the bottom of the tank) with a “T” fitting that allowed a new plumbing line and a drain valve.  This new plumbing line was connected at the furthest point away from the water heater and just under the master bathroom.  At this point, we added another ‘T” connection to the existing hot water line.  This creates a loop on the hot water line from the water heater tank to just under our master bathroom.  Back at the water heater, we installed a temperature controlled pump.  When the temperature in the copper pipe drops below the setting, the pump is activated circulating water from the hot water tank to just under the master bathroom. The result is that we have hot water almost instantly at the master bathroom.  Less wait means less water wasted down the drain.   Plus, we discovered another energy saving benefit–I was able to turn the temperature setting on the water heater down one full setting!

The high efficiency water heater. You can see the modifications to the boiler drain (near the bottom), the copper pipe coming up to the pump. From the pump, the new line runs to just under the master bathroom. Note: This new water line is typically wrapped with insulation (removed for pictures).

My wife is happy to get hot water in our bathroom without having to wait and I am thrilled to be saving money on our gas bills and not pouring treated water down the drain.

Steve Bredernitz, owner of Bredernitz Professional Services, Inc., is a licensed Michigan builder residing in southeastern Michigan.  Steve specializes in remodeling and home improvement services.  Steve is also a part-time instructor at Washtenaw Community College where he teaches remodeling classes.

American made frame from Green House Framing.

By Carolyn Tierney

A picture may be worth a thousand words, but these simple frames from Green House Framing, our latest American Made Pick-of-the-Week weave a tale unto themselves.  They are made from wood salvaged from the infamous Oregon State Hospital for the criminally insane and location for the filming of “One Flew Over the Cuckoo’s Nest.”  If that isn’t inspiration for a quirky, fun collection of photos and a little extra bit of dinner conversation, we don’t know what is.

Green House Frames sources salvaged wood for all its frames and other accessories, incorporating a little bit of history and even intrigue into each one. Owners and life partners, Lisa Pratt and Lars Jorgensen, have reclaimed wood from everything from wine vats to an old leather tannery dating back to the 1800’s.

Dumpster Diving for Inspiration
The couple started their reclaimed frame business in Baltimore, MD, creating frames from wood sourced from dumpsters.  They later moved to Portland, OR where a handful of deconstruction companies allowed a dream to blossom.  Today all their wood materials are sourced locally and the frames made in their Portland workshop.  Low VOC stains are used to bring out the natural beauty of wood that might otherwise end up in a landfill.

“We knew we wanted to make something sustainable before we even knew what we wanted to make.  At the time we started the business, I was a buyer for a large photo chain and saw pictures frames as a natural choice that could be made sustainably,” said Lars.

The couple’s dedication to “American made” is twofold.  They were drawn to the idea of being “connected” to the products they sell, and with Lars as the woodworker and Lisa as the finisher, that connection is quite literal from the design to the hand-rubbed finishes.  Lars and Lisa are also sensitive to the working conditions in other parts of the world, which drives them to keep operations close to home.

“It’s hard for us to turn a blind eye to what happens to workers in countries where most picture frames are made,” said Lars.

On Their Terms
Lars and Lisa are well aware that their business model operates completely outside of current industry standards. Independently minded, they set their own guidelines for operating an environmentally conscious shop where their goal has always been to preserve art while preserving the environment. This means that all their materials and processes are selected based on their low impact on the environment. It’s been that way since the company launched 2002.

So – when a mass-produced, pressed-wood frame made in sweatshop in some far off corner of the world seems incongruous with your precious artwork or family photos, remember, you do have options.  Keepsakes and memories can also be encapsulated with wood that may have come from an old Port of Portland shipping crate…. or maybe even a notorious insane asylum.

Green House Framing accepts custom orders, both large and small, through their website at www.recycledframes.com and their Etsy shop.

I’m so conflicted right now.  I’m like George Clooney in the movie UP IN THE AIR, after they tell him, midflight, that he has flown his ten millionth mile, making him part of a very, very exclusive club.

I, too, am part of a very exclusive club.  Last week I got official word that the Greenspiration Home (my home) has earned LEED® Silver certification from the U.S. Green Building Council (USGBC).  This makes my home the first single-family home in the Piedmont Triad region of North Carolina to become LEED certified and one of just a handful of homes in the entire state.

For over 3 years this has been my goal.  And it’s a HUGE accomplishment. But like Clooney’s character in the movie, I find myself in a state of total ambivalence.

What is LEED, anyway?
This may earn me a bit of heat from LEED advocates, but as Randy Jackson of American Idol fame would say, “Hey – I’m just trying to keep it real.”

I better start by explaining what LEED is, because unless you are in the construction industry, you probably don’t know what I am talking about.  (That, of course, is part of the problem.)

The LEED® green building program is a voluntary, consensus-based global rating system for buildings, homes and communities that are designed, constructed, maintained and operated for improved environmental and human health performance. LEED addresses all building types emphasizing state-of-the-art strategies in sustainable site development, water savings, energy efficiency, materials and resources selection, locations & linkages, awareness & education, indoor environmental quality, innovation & education and regional priorities. (And yes, I copied that directly from the USGBC site).  Here’s a mere snapshot of what some of that means in terms of LEED for homes:

Oh – and you can’t just say you did all this – you have to prove it via documentation.  And there is a hierarchy of entities to make sure you prove it and prove it well.  There are worksheets, spreadsheets, scorecards, signed documents, scanned documents, verifications, etc.  So, if you were wondering why it took me over 3 years to get this house certified, given work, kids, and everything else, well, now you know.

Where I’m Coming From
My own perspective on LEED has evolved over the last decade.  As a writer for the commercial HVAC industry, I’ve been writing about LEED projects since buildings first started becoming certified.  LEED is commonplace now in governmental, institutional, and even commercial facilities.  I’m still writing about them.  I have also witnessed the fact that this rating system has heightened awareness of sustainable/energy efficient building practices like nothing the US has ever seen.  It has truly transformed an industry in a remarkably short period of time.

In the residential industry, not so much.  In that world square footage and granite countertops still rule.  Many builders like it that way, most real estate agents like it that way, and homeowners are none-the-wiser.  After all, who are they getting their information from?

Awareness of LEED has been eclipsed by newer, arguably less-stringent home rating systems that followed in it’s footsteps.  But even these rating systems enjoy little overall awareness or appreciation from consumers or the real estate market in general.  There are exceptions to this, of course, but I’m speaking generally.

So if you decide to build a home and get it LEED certified, don’t expect anyone to throw a parade in your honor.  If you tell your friends, they’ll no doubt smile and say things like, “How wonderful!” yet not have a clue what you are speaking about. And at the end of the process, as you are recycling a enough LEED related paperwork to confetti Time Square, you may start to wonder….. “Was it worth it?”

Me?  (Pause.)  Personally, yes, it was worth it.  Rarely do we go through anything that challenges us this much and not come out with a feeling of pride and accomplishment.  I’ve got that.  But beyond a certain personal satisfaction, I’m just not sure.  I sort of feel like a marathon runner at the end of a one-woman race – with few people waiting at the finish line to congratulate me or offer me a beer.  I simply limp back to my car and drive myself home.

Like is said, folks, I’m just keeping it real.

This is a big topic.  Too big for one blog, as I have much to share about what I learned from this process.  Stay tuned as I try to give a relevant, realistic, and honest homeowner’s perspective on LEED.

By Carolyn Tierney

Ever visit a winery and enjoy a glass of wine amidst gorgeous views, rich wood grains, and wonderful fragrances?  And when you did, didn’t you wish you could have a little bit of that every single day? If so, you will love our latest Greenspiration Home American Made Pick-of-the-Week, this lovely “Vineyard Table” by Whit McLeod.

Commissioned by Chateau St. John vineyard, the Vineyard Table brings a little bit of Sonoma to your own wine tasting, whether you are in California or Detroit, Michigan. The base is built using repurposed oak wine tanks and the top is made from salvaged solid redwood from water tanks. Each table is made individually using superior craftsmanship and hand joinery, so each one varies ever so slightly. The wine tasting table even folds up conveniently for those unfortunate, non-wine moments.

An Appreciation For All Living Things
American furniture maker, Whit McLeod, began his career as a wildlife biologist.  The experience convinced him of the absolute necessity of sustainability to support a rapidly increasing population in the face of dwindling resources.  When he decided to start his own furniture company he chose to use reclaimed wood and materials instead of wood from existing forestlands.

According to Whit, reclaimed wood provides all the benefits of old-growth timber without the environmental costs.  The tooling marks, nail holes, and fastener marks of the reclaimed materials only add to the character and appeal.

Of course, it’s American hands that build all of the furniture in Whit’s manufacturing facility in Arcata, California. Patience and reverence for wood and design are prerequisites for anyone in the shop.  Take shop craftsman, John Intersimone.

“John brings an old world sensibility to the shop floor.  He’s a stickler for quality, to put it mildly. Which is exactly the kind of guy you want building furniture,” said Whit.

Indeed he is.  For more about Whit McLeod furniture check out www.whitmcleod.com

Carolyn Tierney, ASID Interior Designer

Even though the truth hurts sometimes, you’ve got to appreciate someone who can call it as she sees it, which is why Carolyn is the perfect person to bestow the Pick-of-the-Week honor on certain American decor manufacturers.

To Carolyn’s credit, she managed to say it nicely. Even a southern girl like me couldn’t pull that one off – not even if I ended it with, “Bless your heart.”  And Carolyn is from New York City!  Who knew such tact existed on the streets of Manhattan!

A LOT of Work
Carolyn was right.  I was beginning to feel a little overburdened by the Pick-of-the-Week campaign and the time I dedicate to it.  It is, after all, a laborious process that involves:

• Weekly research to find a “special” piece of American Made furniture
• Scheduling and carrying out an interview with appropriate company contact
• Writing a feature release about the piece and the company
• Distributing it through my professional newswire service (3BLMedia), and various other social media networks.

Anyone who writes or does PR for a living (as I do) gets that this is a lot professional time to donate.  But I was committed and I genuinely enjoyed learning and writing about each of these companies.  Doing it all alone, however, had become more than a labor of love.  It was about to kill me.

Bless you, Carolyn!
Enter in the “Florence Nightingale” of eco-friendly interiors, Carolyn Tierney.

Carolyn, one of New York’s foremost eco-interior designers, also believes that sourcing domestically (preferably locally) made décor dovetails seamlessly into any consumer’s choice to have a more environmentally responsible home.

She is the principle interior designer for ECOterior Solutions, a full service interior design and building consulting group.  She is a Certified Interior Designer with the National Council for Interior Design Qualification and a Certified Sustainable Building Advisor NaSBAP, and a GREENleader AP with the Sustainable Furniture Council.  She has also been a guest lecturer at the prestigious Parsons School of design and worked as a member of the ASID National Sustainable Committee and co-chair to the ASID NY Metro Chapter Committee on Sustainability and Universal Design.

Acanthus Bed from Amy Howard Collection – One of many Greenspiration Home American Made Picks!

That’s a mouthful, but really just a few of her professional credentials.  So I am thrilled that Carolyn has graciously stepped in as the official Greenspiration Home American Made Coordinator.  Not only does she have all of the design credentials (not to mention tact) that I lack, she sort of saved my life and the American Made Pick-of-the-Week campaign to boot.

High Point, Here We Come!
I’ll be making the rounds with Carolyn at this spring’s High Point Furniture Market where we will both be looking for more great American made furniture and décor items to feature as our Pick-of-the-Week.

Finally, for the first time ever, we’ll be posting our weekly “Picks” on the Greenspiration Home blog! Featured companies will also have the opportunity to have these blogs archived on the Greenspiration Home site, thus creating a great online resource for American furniture that is actually made in the usa.  Stay tuned for opportunities to sign up for a weekly email notifying you about each new American made selection!  And if you’d like to see our past selections, check out the entire American Made Pick-of-the-Week campaign on 3BLMedia.  Let us know your favorites!

How Lead Paint Impacts Buyers, Sellers, and Homeowners, Part 1

How Lead Paint Impacts Buyers, Sellers, and Homeowners, Part 2

Trish: James, I talked to one contractor about all this [lead paint in homes] already – just trying to do a little research on my own.  He told me not to worry.  He said a kid would have to chew through a lead paint window to be adversely affected.  Based on what experts really know about the health affects of lead paint, how accurate is his statement?

James: This question touches on a lot of disciplines, including medical doctors trained and experienced with lead poisoning.  If your contractor’s response was supposed to take all lead conditions into account, then it clearly is inadequate, because it is not just lead paint that is the issue.

Sanding and scrapping lead-based painted surfaces can release lead into the air that could present a problem.  Contaminated soil from an exterior renovation project could present a problem.  Lead pipes could present a problem.  If a contractor is performing a significant renovation project on an older home, then worrying about only paint would seem insufficient.

That said, older homes with lead based paint do not need to be completely shunned.  I live in a 17^th/18^th century home myself.  The trick is to ensure that any remaining lead-based paint in the home is locked behind barriers so that it cannot be released into the living environment, whether in the form of dust, debris, chips, vapor or another contaminated medium like water or soil.

Obviously the best course would be to eliminate any lead all together, but the risk in that process may be significantly higher than locking it away with the proper paints and barriers, like a very good heavy-duty elastomeric paint.

Trish: So you can “seal” lead paint behind another non-lead based paint?

James: That is certainly an option in many situations.  This is a tried and true method for resolving many different environmental conditions.  The goal is to ensure that the occupants do not ingest or breath-in any lead contaminated material. Renovation projects can often create a lot of dust and debris.  If this dust and debris come, at least in part, from lead-based paint, you are facing a contamination issue.  If you want to remove all the lead paint in a home, you can certainly do so, but to scrape it or sand it all off creates an incredible amount of contaminated dust and debris that could be a serious danger.  Removing loose material and then covering the rest with an appropriate paint can often be the safer and more certain method of resolving the problem.

Trish: What sort of credentials do I need to look for from a contractor before letting him do any work in a home that may contain lead paint?

James: The credentials vary depending on the work the contractor is performing.  Renovation contractors working on pre-1978 homes should be certified by the EPA and must be using certified renovators who are trained by EPA-approved training providers to follow lead-safe work practices.

Individuals can become certified renovators by taking an eight-hour training course from an EPA-approved training provider.  They must, at a minimum, contain their work areas, minimize dust and clean up thoroughly.  As the EPA recommends, a homeowner should expect their contractor to:

1. Provide a copy of his or her EPA or state lead training certificate;
2. Tell you what lead-safe methods he or she will use to perform the job;
3. Be able to inform you of the lead laws that apply to your project and their certification and lead-safe work practices;
4. Ask you to share the results of any previously conducted lead tests;
5. Be ready, willing and able to provide you with references from at least three recent jobs involving homes built before 1978;
6. Have records to demonstrate that he or she and all their workers have been trained in lead-safe work practices and that they follow lead-safe work practices on the job.

Similarly, lead abatement contractors must have an EPA or State Certification.  The lead abatement contractor must be able to perform the following tasks:

1. The removal of lead-based paint and lead-contaminated dust, the permanent enclosure or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, and the removal or covering of lead contaminated soil; and
2. All preparation, cleanup, disposal, and post-abatement clearance testing activities associated with such measures.
3. Lead abatement does not include renovation, remodeling, landscaping or other activities, when such activities are not designed to permanently eliminate lead-based paint hazards, but, instead, are designed to repair, restore, or remodel a given structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards. Furthermore, abatement does not include interim controls, operations and maintenance activities, or other measures and activities designed to temporarily, but not permanently, reduce lead-based paint hazards.

It is also important for the homeowner to retain fully insured contractors.

Trish: What if we buy the house and then decide we want to sell the home in a few years.  What would our obligations as sellers be with regard to the lead paint or any work we remediation work we have had done?   And what would our liabilities be?

James: If you have had lead abatement work performed you will want to ensure that you retain the post abatement clearance letter from the contractor.  A Buyer should request and a Seller would want to provide this clearance letter.  As long as all is disclosed and the Seller has fully informed the Buyer of the work they had done, there should be no liability associated with the lead abatement and renovation work.  Liability generally attaches to a Seller where no disclosures are made and where a Buyer claims that the Seller defrauded them by hiding the condition.

Trish: Okay, now I’m wondering if the mere mention of lead or lead abatement is going to keep me from ever finding a buyer for this house should we decide to sell one day….

James: I think this question touches on the larger issue of whether older homes or newer homes are preferred.

An older home generally comes with the following advantages: (a) often better “old world” construction; (b) often larger yards; (c) often considered to have more “character” or “charm”; (d) often far more mature trees and vegetation surrounding the home; (e) often a more established neighborhood; and (f) they have already completed any settling that a newer home has yet to do.  At the same time, older homes generally require more maintenance and can be far more expensive to maintain than a new home.  They also might require significant HVAC equipment and electrical updates. And – as we have been discussing – older homes are more likely to have environmental issues such as asbestos and lead.

New Homes, on the other hand, generally are far more energy efficient, do not have the same risk of problem materials, like lead and asbestos, are cheaper to maintain, have more modern conveniences and generally have a statistically preferable “new” look to them.  Newer homes also generally come with a new home warranty.

There are various surveys available on the internet that suggest older homes are preferable and other surveys that suggest newer homes are preferable.  For those who know and love older homes, lead paint is a known hazard and there is no suggestion in the available statistical data that it plays a significant role in their decision-making.  Indeed, one could easily argue that having completed a lead remediation and being able to hand the Buyer a clearance letter should make the home even more saleable because unlike most older homes (which many people prefer) this home would have already had the lead issue addressed.  That should be a big plus for most buyers.

James A. Kozachek, Esq.’s comments here are made for informational and educational purposes only and do not constitute legal advice.  These comments are not intended to provide any form of legal advice or to form the basis of an attorney-client relationship.  Statements made herein are solely those of the author and do not reflect the views of Bisgaier Hoff, LLC.  Nothing herein should be used as a substitute for competent legal advice from a licensed professional attorney in your state or jurisdiction. This information is not published for advertising or solicitation purposes, but only to heighten awareness of certain issues that can arise in connection with improvements to real property.

In case you did miss our last blog, I am questioning James from the perspective of a concerned, expectant first-time mother who, with her husband, is contemplating purchasing a 1972 home that may contain lead paint – a high probability for any home built prior to 1978.

Trish: What else is the seller legally bound to disclose to me about lead in the home before I purchase it?  Do I have the right to see any test results?

James: Sellers’ lead paint disclosure obligations vary from state to state, but generally the Seller has an obligation to disclose anything that could negatively impact the Buyer’s use and enjoyment of the home.  The Buyer certainly has the right to request copies of any test results.  If the Seller fails to provide the results then that would generally be more than adequate grounds to terminate the agreement of sale.  If the Seller suggests that there are no such test results, when there really were, then that would likely result in a fraud claim against the Seller which could result in a claim for damages and rescission of the agreement of sale.

Trish: What if I want to the owner to test the home before I bid, but he or she refuses?

James: This would generally be part of a negotiation.  If the Buyer wants the Seller to bear the cost of such testing as a condition precedent to entering into an agreement of sale, then they can certainly make such a demand.  I doubt any Seller would be willing to do that, though.  Generally the due diligence obligation is placed on the Buyer and the cost of investigating the home can often be reduced by requiring the Seller to provide any and all documentation and disclosures about the house prior to the Buyer’s inspections.  Standard residential real estate agreements contain due diligence or inspection clauses that require the Seller to make the home available for the Buyer to inspect.  It is the Buyer’s choice whether or not to take advantage of those opportunities. An inspection can be facilitated when and if the Seller provides the Buyer with copies of all relevant documents regarding the house including, without limitation, surveys, permit approvals for renovations, past testing and inspection reports, no further action and clearance letters for any environmental remediation (including for mold, asbestos, lead, chemical or petroleum product spills).

Trish: What if the homeowner is cheap and just wants to get out of the house with as little expense as possible. How do I know the job was done correctly – or if it was even done at all?

James: A Buyer cannot be certain that the information provided by the Seller is complete.  This is why the Buyer must do her own due diligence.  The Buyer is, however, generally entitled to rely upon representations made by the Seller and the Realtor.  If they turn out to be false, then those false representations are generally actionable.

Trish: Does any of this vary by state?

James: Yes.  For example, each state has its own disclosure obligations with respect to the condition of a home.  Moreover, each state has different obligations with respect to the documentation that confirms that an environmental condition at a home has been satisfactorily resolved.

Trish: What if the owner does nothing, we buy the house and have it tested and find out it has high levels of lead.  Do we have any recourse with the owner?  What are our options then?

James: It depends.  One important concern is the identity of the Seller.  The Seller could be someone who lived in the house for decades and can be expected to know all its secrets or it can be someone or some business that never occupied the house.  A bank-owned property, for instance, is in a very different situation than an owner or someone who is selling a house as an agent of an owner (especially if the owner is now an estate and the decedent is no longer available to provide information).  The bank can often raise an innocent purchaser defense to a claim from a Buyer about the condition of the home.  Moreover, houses can be sold “as is” which is generally an enforceable contract clause designed to shift almost all the burden to the Buyer to investigate the home.  If a Buyer finds a condition in the home that is a problem, they can try and seek relief from those involved in the transaction (e.g. the Seller, the realtor(s) and inspectors hired to inspect the home).  The Buyers’ rights are based on the applicable laws (statutory and common-law) and the terms and conditions of their contract and related documents that memorialize the deal between the Buyer and the Seller.  A Buyer should never underestimate the importance of the agreements they enter into with respect to a home purchase (e.g. agreement of Sale with the Seller, agreements with home inspectors, agreements with contractors and consultants).  It will often shape the Buyer’s rights to seek relief if a problem is discovered at the home.  It is generally far cheaper to have an attorney work with you to ensure you’ve good contracts than it is to hire an attorney to represent you in a lawsuit against a Seller, inspector, contractor or consultant.

Trish: My husband said if the owner refuses to do anything we could test the house and then he and a buddy of his could just do the remediation work themselves, after we buy but before we move in.  Is that legal?  Is it prudent?

James: An owner has a fair amount of discretion to handle issues in their own home.  While a homeowner can certainly perform repairs and renovations in their own home, they would have to be extremely careful if there is a risk of lead contamination.  A lot of information on lead can be found on a web site maintained by the Environmental Protection Agency (“EPA”):  See http://www.epa.gov/lead/ Is it prudent?  I would again have to say that it depends on the circumstances, the extent of the potential lead issue and the skill of the homeowner.  As a general matter, it would always be best to retain the services of a certified and fully insured contractor.

To be continued…

James A. Kozachek, Esq.’s comments here are made for informational and educational purposes only and do not constitute legal advice.  These comments are not intended to provide any form of legal advice or to form the basis of an attorney-client relationship.  Statements made herein are solely those of the author and do not reflect the views of Bisgaier Hoff, LLC.  Nothing herein should be used as a substitute for competent legal advice from a licensed professional attorney in your state or jurisdiction. This information is not published for advertising or solicitation purposes, but only to heighten awareness of certain issues that can arise in connection with improvements to real property.

It’s really not such a stretch.  I have, in fact, been all of these things at one time or another, which perhaps makes me a bit more sensitive to a very controversial topic:  Lead paint in homes.

We all know lead is toxic – especially to small children — and that it was banned in household paint a long time ago (1978 to be exact).  But what most people (at least most homeowners don’t know) is that Federal law now requires home renovation firms to be certified and trained in the use of lead-safe work practices before engaging in a project that entails the disturbance of lead painted surfaces – a high likelihood in renovations to just about any home built before 1978.

The intention of this law is to protect occupants and the workers from the potentially harmful ingestion of lead paint particles or dust that are disturbed during the renovation process.  As you might guess, some contractors are less than thrilled with this new requirement.  The certification and training costs them money and the prescribed procedures create more labor and expense.  It’s a controversial topic among contractors to say the least.

However, I’m more interested in how this new law impacts homeowners like me, especially the “pregnant” me I am pretending to be in the following conversation with James A. Kozachek, a construction law and litigation partner/owner at Bisgaier Hoff, LLC, a law firm in the greater NYC area.

I asked James to join me in a little game of She Asked/He Said about lead paint and how this new rule impacts homeowners and home sellers.

Remember, in this scenario, I’m pregnant, so I apologize in advance if my hormones get the best of me.  I’m in full-on-mommy-mode, which makes me about as irritable and protective as a grizzly bear with cubs. Here goes….

Trish: James, my husband and I have found the cutest little 3-bedroom Craftsman bungalow, circa 1972.  There’s room for us, our soon-to-be-born son (I’m expecting in June!), and perhaps another little one in a couple of years or so.  It’s perfect in every way – except my mother-in-law insists we shouldn’t buy an older home because it may have lead paint in it.  I usually ignore her, but in this case, I am concerned.  Should I be?

James: Yes.  One should always be concerned about the environment in which they plan to live.  Any number of negative environmental conditions could exist in a home and wisdom dictates performing an adequate due diligence prior to taking title.

Trish: Due diligence, huh? Geez.  You are a lawyer.  Translation, “Yes, this stuff could present a danger to my family, but it is up to me to investigate the dangers and determine what I want to do about it.”  Sound about right?

James: Yes.  It is up to each of us to investigate and learn about a product before we buy it.  Many of us read labels on groceries in the store before we buy them.  While a home is a very different product than a box of pasta, it is nevertheless extremely important for us to be aware of the ingredients in both.  At the same time, it is the obligation of the sellers of those products to make required disclosures (nutrition labels on groceries and disclosure statements with respect to homes).  As a buyer we can choose to read those disclosures or to ignore them.

Trish: How do I know for sure if this house even has lead paint?  What do I ask my realtor or seller?  And what are they obligated to tell me before I make an offer?

James: You should ask both the realtor and the seller.  While the disclosure laws vary from state to state, they are generally required to tell you what they know.  Often an adequate notice could be “the house was built before 1978 and as a result we are placing you on notice that it could contain lead paint.”  In many jurisdictions this would be enough to satisfy the disclosure obligation and it would then be the Buyer’s burden to proceed at their own risk or perform a due diligence by testing samples to determine levels of lead.  If the test results are positive for lead, agreements of sale generally enable the Buyer to declare the agreement null and void.

Trish: Is the current owner required to have the home tested for lead before putting it on the market?  And if it has lead, is he or she required to remove it or remediate it before anyone moves in?

James: No.  The seller has no such obligation for residences.  If, however, a prior purchaser performs such a test and cancels the agreement based on those results, then the Seller generally has an obligation to disclose those test results to the next potential purchaser.  Buyers should make sure they ask probing questions of the Seller, such as whether they have previously tried to sell and if a prior sale fell through, and the reason. The Buyers should request copies of all reports generated with respect to the condition of the premises, as well as any performed on the site for any potentially hazardous material (e.g. lead, mold, chemicals, asbestos).

To be continued…

James A. Kozachek, Esq.’s comments here are made for informational and educational purposes only and do not constitute legal advice.  These comments are not intended to provide any form of legal advice or to form the basis of an attorney-client relationship.  Statements made herein are solely those of the author and do not reflect the views of Bisgaier Hoff, LLC.  Nothing herein should be used as a substitute for competent legal advice from a licensed professional attorney in your state or jurisdiction. This information is not published for advertising or solicitation purposes, but only to heighten awareness of certain issues that can arise in connection with improvements to real property.

Trish Holder, Publisher
Greenspiration Home

By Allison A. Bailes III, PhD

Ten years ago, I was in the throes of building a green home an hour outside Atlanta, Georgia. (Well, truthfully, I was in the throes of depression because my dad had just died, but that’s another story.) In the process of building the house, I had to work with a lot of trade contractors. Some were good. Some were bad. None had any experience with green building. And I learned a lot.

Not every contractor works out
Take my situation with plumbers. If I count the first one, who never showed up, and myself, it took five plumbers in all to build that house.

The worst was the second, who did all the rough-in plumbing. He and his two guys would roll in at the crack of 10 am or so and then take another 30 minutes to figure out what they were going to work on that day. By about 2:30 pm, they were packing up and heading out. It took them two weeks to rough-in the plumbing for two bathrooms, the laundry room, and the kitchen, which were all clustered on the same side of the house.

The owner of the company was gruff and arrogant. He seemed competent, but he never got a chance to finish the job. I’ve been the recipient of angry words before and since, but the day he yelled, “You f#$@ed up!” at me without good reason was the day I decided I would pay him for his work to that point and send him on his way. My next plumber ended up repairing a lot of mistakes those guys left for me.

Some contractors exceed expectations
The foundation contractor, Wendell, was also gruff and arrogant. I could barely understand his strong Georgia accent on the phone, and he didn’t do everything the way I wanted it done. But he arrived early in the morning, made things happen, and had high standards for his workers. By the time he had packed up all his forms onto the trailer and rattled off down the driveway with them, I had a lot of respect for him.

My favorite trade contractors were JW and his brother Jeffrey. I first had them come in and install the felt we used as a drainage plane on the walls. Then they installed the windows, which they were doing in the photo at top, the same day the roofers put the metal roof on.

Next, I had them frame the carport and back porch next, two jobs I could hardly face in February 2002. I’d just returned from Houston after spending three weeks there when my dad died. It was a difficult time.

In March 2002, the Sun and my spirits were coming back. JW and Jeffrey put the siding on the house, and that’s when I gained tremendous respect for them. They did a fantastic job with the siding around the big front windows. They had to cut a lot of pieces on an angle to match the slope of the roof and the windows. Plus they had to make the adjacent courses of shingle all look good together.

Oh, yeah. They usually arrived between 6:30 and 7:00 am on days they were working.

JW and Jeffrey became my go-to guys after that. They came back to help me with the tongue-and-groove pine ceiling that summer. It was going too slow with just me and a helper, and I knew that as soon as I started trying to cut and fit pieces around the valleys, I’d be going even slower. I called them, and in two days they’d completed not only all of the ceiling boards around the valleys but had wrapped all the LVL beams with birch plywood, too.

What I learned
Building a green home out of structural insulated panels is weird enough, but when you’re doing it in a fairly rural area with contractors who know little or nothing about green building, it takes a lot of patience and flexibility. I had to let go of some things I wanted (concrete with 4″ slump, for example), but I learned that when I respected the skills and abilities that contractors brought to the job and I explained my goals to them clearly, the results were usually more than satisfactory.

Since I was acting as general contractor myself, I perhaps had more control over the work than someone who hires a homebuilder to manage the flow of work. Building any home is a complex process. Building a green home in an area with non-green trade contractors is more difficult but can certainly be done effectively.

People who work in the trades are a mixed lot, like most groups. Some are not so smart and some could’ve gotten doctorates (or perhaps did). Some are petulant (like my second plumber) and some are the nicest people you’ll ever meet. If you check their references, give them a reasonable scope of work, and communicate clearly with them, you can build a green home even in a rural area with non-green trade contractors. You may also, like me, learn a few tricks from them and respect the good ones enormously by the time your project is complete.

This article was reprinted with permission from Allison Bailes III, PhD, founder and president of  Energy Vanguard, a RESNET accredited Home Energy Rating Provider and educational and high performance home design resource in Decatur, GA.   Prior to starting Energy Vanguard, Allison began his career as an academic in physics.  However, his own green building adventure led him down a path more rooted in his passion for the built environment.