Latest Articles in Legal

  • 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 »
  • Sometimes innovation occurs not when something new is created, but when an improvement to an existing process advances new ideas and practices. In the ever-evolving world of fenestration, innovation is ingrained in the industry. While innovation brings about improvements and breakthroughs, change comes with new layers of complexity and obstacles to overcome. Staying in the know is your best bet... more »
  • Responding to testing notice and requests
    Most window and door companies have received the call that the products they made or sold are being tested at a jobsite… in less than two days. The dealer, installer or builder on the other end of the line wants a representative on site when the test goes forward. Real dollars are at stake in terms of product waiting to ship to the job or potential legal responsibility. How do you respond... more »
  • Prop 65 gives food for thought
    California’s Proposition 65 is hardly new and it is relatively well-known that it requires manufacturers to establish potential warning label requirements for, among other things, all goods sold for consumer use in California. But Prop 65 is also recognized as a ready source of liability in the event of a compliance failure. These claims are pursued by the seemingly endless number of... more »