Latest Articles in Legal

  • Fenestration requires a broad perspective on when, what and how to warn
    Best practices Consider warnings that are applicable to the components that make up the products.  Purchasing conditions and supplier warranty-commitments that address both the provision of applicable warnings and offer remedies for the failure to supply those warnings are crucial.  These warning-commitments should extend beyond the performance of the product as integrated, and into... more »
  • What does the latest trend in building mean for fenestration?
    There is a general consensus that the U.S. is in the midst of a “housing crisis.” Reports from the Census Bureau, National Association of Home Builders and research-based entities such as the Joint Center for Housing Studies of Harvard University, report that multiple factors are at play. In its 2018 State of the Nation’s Housing report, JCHS concluded that homeownership rates... more »
  • Manufacturers can now seek unlimited extensions
    Managing Liability  With the ability to receive more extensions also comes heightened concern regarding a manufacturer’s potential liability. Below are a few examples of ways to manage potential liability. Record Retention  A manufacturer should maintain documentation from the original certification up through the current extension. Keep all test reports, drawings, bills of... more »
  • The evolving risks of claims in green building
    Green building and energy performance are ever-developing areas within the construction industry. So too are the associated risks for industry stakeholders. So far, claims relating to green building construction have been—and will likely continue to be—asserted based on theories that resemble traditional construction defect claims. This can include claims related to breach of... more »
  • Written limited warranties and energy performance
    Written limited warranties are exceptionally good tools for defining the expectations of buyers and sellers regarding a product up-front. However, manufacturers and sellers should be aware that, despite the express terms and limitations of the written warranty, in other words, representations or statements concerning a product which are made outside the confines of the warranty (e.g. product... more »
  • Inevitable regulations surround the next big advance in identification technology
    It is safe to say that recent events and media coverage of digital security issues, including the unauthorized use of personal information through social media and large data breaches, have been a focus of concern. Consider the publicity surrounding Mark Zuckerberg’s Capitol Hill testimony regarding Facebook use and data security in early April. This hype tapped into the public’s... more »
  • Capitalize on capital expenditure transactions
    The manufacturing issue provides a chance for manufacturers to think big and, in the manufacturing world, this typically means capital expenditures. As any GlassBuild America attendee can attest, these large purchases tend to be sources of excitement.  Capex transactions themselves, however, remain complicated and detailed. They demand multiple strategic decisions regarding suitability,... more »
  • Can you market your products as made in the USA?
    While it may seem that “buying American” is being pushed even more these days, research shows that consumers have been keen on buying American-made products for some time. A Consumer Reports article from 2015 reported that eight in 10 American consumers would rather buy an American-made product than a foreign one and many would pay 10 percent more for it.  One easy way to... more »
  • A call to action for manufacturers
    Legal and compliance issues facing the industry continue to evolve and mature. Certification, code-compliance and best-practices improvement remain key opportunities for our clients in this, and every, year. But there are a few items on our radar for 2018 that, maybe, should be on yours as well. Energy Star Right now, it is fair to say that a lot of uncertainty exists about the shape of Energy... more »
  • Revisiting the most important number you haven’t heard of
    A little over a year ago, we provided a general summary of then-recent events relating to the development and implementation of an innovative conceptual number, expressed monetarily, known as the “Social Cost of Carbon.” SC CO2 is defined by the EPA as an estimate of the economic damages associated with a small increase in carbon dioxide emissions, conventionally one metric ton, in a... more »