Restoration and Renovation

Abbot Completes Condo Building Project Marr Provides Worker Access at Tufts

Boston – Abbot Building Restoration recently completed a major masonry restoration and replacement project on a 5-story brownstone and brick condominium building located at the corner of Clarendon and Beacon Streets in Boston’s Back Bay neighborhood.

Work was performed on the three exposed sides of the building. In preparation for the work, the exposed sides of the building were piped and enclosed with debris netting. A significant portion of Abbot’s work consisted of replacement of deteriorated or fractured brownstone elements. Here, Abbot was able to creatively match the size, profiles, and color of selected large stone window surrounds and stone belts that wrap around the building. In addition to the brownstone replacement, Abbot also cleaned and spot pointed the building, and replaced spalled bricks as necessary.

Subcontractor work consisted of roofing, carpentry and painting, with roofing presenting the biggest challenge. The fifth floor unit roof deck was disassembled and removed to allow installation of a new EPDM synthetic rubber roof. The mansard was replaced in kind with a new black fish scale style slate. In addition, selected gutters were replaced and new ties were affixed to the old downspouts. Further, all wood elements, including window trim/ moldings and bays, were scraped, restored and repainted.

Due to the extensive scope of work and the multiple subcontractors/trades involved, a challenging aspect of the project was the overall coordination and timing. Despite these obstacles, the job was managed and completed on time and in an efficient manner.

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METROWEST . 508-490-8500 Reservoir Nine 144 Turnpike Road, Southborough, MA Marr installed 240 linear feet of sectional scaffolding along the exterior facade of Hill Hall.

Medford, MA – Tufts University’s Hill Hall in Medford, which houses all firstyear students, is currently undergoing a renovation requiring multi-trade use of various equipment to complete the building’s exterior facade. Windover Construction has contracted Marr Scaffolding Company (MSC) to install both scaffolding and mast climbing platforms to provide worker access during the student-free summer months.

Beginning in early June, MSC’s Scaffold Division installed sectional scaffold on both the front and rear sides of Hill Hall, covering two identical bump outs as well as the areas between the lower roof of the bump out and the top roof. Over three weeks, the crew installed approximately 145 linear feet of scaffolding 50 feet high around the bump outs, as well as approximately 100 linear feet of scaffolding 30 feet high off the lower roofs. Sectional scaffold was utilized as it maximizes efficiency for masonry workers, allowing them to easily make adjustments while moving up and down the facade.

MSC’s Mast Climber Division is providing equipment for masonry and glass contractors to access additional areas of Hill Hall’s exterior facade. Starting in mid-May, MSC installed 12 P-Series mast climbing platforms along the building’s 5-story-high straight runs. According to MSC representatives, P-Series mast climbing units are well-suited for this project given the building’s lower height, and they are also extremely portable, easy and quick to set up.

Both the scaffolding and mast climbing platforms are slated for dismantling ahead of the fall semester.

A total of 12 P-Series mast climbing platforms were installed for masonry and glass contractors to access additional areas of the building’s exterior facade.

Trends and Hot Topics Making the Most of Sustainable Landscape Design

by Lauren Nowicki

The world of sustainable design is often viewed from an anthropocentric lens – alterations made to exterior and interior environments for operational gain. While sustainability connotates optimizing natural resources, redrafting human impact is an all-inclusive assessment from economic, environmental and corporate culture positions. This framework necessitates a comprehensive view of resource types and availability, their impact and use, spanning issues such as site typography, waste management, building materials, energy optimization, water reclamation and vegetation.

The primary challenge for designers, builders and clients alike is that sustainability is not well defined. While it would seemingly be intrinsic to everyday life, the reality is that sustainable design is a complicated set of variables. Outside of reducing negative impact on the environment, the extent of aspects that can be implemented – and identifying those that impart a true influence – is an ambiguous task.

In building a Silver accredited LEED innovation and solutions center for the technology firm, Edwards Vacuum, the following elements were evaluated for their business culture, and operational and environmental impact.

Site Layout

During the grading process, soils were reused with 3.5 acres left untouched to limit the impact on critical ecosystems. In aligning with LEED regulations, greater than 30% of the total site remains open space whose water needs are limited by undemanding native and wild plants. While this sensitive consideration enables wildlife reproduction, pollination and foraging, naturalistic habitats also harbor human development. In using a human ecology lens, it is the entire ecosystem – land, air, sunlight, organisms, plant life and buildings – that affects employee motivation and creativity. This is particularly relevant for firms like our client that manufacture innovation-driven products. Landscape vistas are not simply aesthetic – they enhance human cognition as well.

Site design is not just a study in natural ecosystems. It touches social systems when considering transportation. Open social spaces, increasingly popular post-Covid, articulate a freshness and modernity to corporate culture. Within this project, resource conservation is encouraged via priority spacing for 10 bike stalls and 10 EV charging stations, while a 1,250-foot open pathway with informational trail signage leads to public transportation. The effects of cycling are impactful on human health, reducing cardiovascular disease, diabetes, arthritis and chances of cancer while increasing mental health and interpersonal connections. Spacing for biking storage and EV parking is calculated based on maximum building occupancy.

Edwards Vacuum’s Innovation and Solutions Center in Haverhill, Mass.

Light

As a form of environmental degradation, light pollution comes in multiple forms. While we are all affected by car glare, clutter (a grouping of multiple light sources) and light trespass (the errant extension of light where unnecessary) are site specific. At this facility the timing of exterior lights is governed by two factors: natural light levels monitored by photocells and programs which supersede the photocells on cloudy days. By restricting lighting on this site to the immediate facility area, wildlife welfare remains undisturbed, as well as protects employees from prolonged exposure. Various solar arrays are currently under consideration.

Building

As part of the commissioning process, the facility was analyzed for possible leaks and inefficiencies of the building envelope that would exacerbate the use of HVAC systems. Low emitting and low carbon materials were used both internally and externally to moderate energy costs. Metal wall panels insulated with mineral fiber cover the exterior to achieve a resistance of R18.9, while mineral fiber roof insulation provides a thermal resistance of R30. This insulation was specifically requested by the owner due to high fire resistance and noise insulation. An aluminum and glass curtain wall system using Solarban windows provides a gray exterior and clear interior.

Relevance

There are many rationales for a client desiring a sustainable facility. Employee performance, corporate culture, operational costs and wildlife preservation are all inextricably linked to sustainable design. For innovationdriven enterprises, harmonizing with natural elements also becomes a conduit of creativity.

Sustainability is a mindset of accountability that can be simultaneously sophisticated and simple. It is a reminder that humans live alongside nature and that our influence is always in need of improvement. It is a misconception to view sustainability as a vanguard of value creation, as at times a true environmental focus requires forsaking profit-centered choices for ecological preservation.

Lauren Nowicki is chief communications officer at Dacon Corporation.

Trends and Hot Topics

The Contractor’s Consent to Assignment of Contract to the Lender: Be Careful What You Consent To

By John J. McNamara and Mansoor Ahmed

Private construction projects often involve complicated financing and voluminous loan documents that can impact a general contractor’s rights and obligations over and above those set forth in the general contract. This article highlights issues regarding consent and assignment of contractor agreements between a general contractor, owner, and owner’s lender.

In private construction projects, in order to insure against the risk of an insolvent owner and incomplete project, lenders will require an owner to assign to the lender all rights to the contract between an owner and contractor. The contractor, in turn, must consent to this assignment between the owner and lender.

In its basic form, a consent to assignment of the contract is just that: A contractor consents to assignment of the contract to the lender in the event of owner default. Consents are often drafted by lenders to impose additional obligations upon the contractor that are not set forth in the general contract, and these provisions may cause problems to the contractor in the event of owner-default. Accordingly, a consent must be carefully examined in order to fully understand what a contractor is consenting to.

In case of an owner’s default, consents may prevent a contractor from exercising its rights or seeking remedies unless proper notice is given to the lender, and only after a significant time period has passed. Under such circumstances where a general contractor has not been paid, the contractor has no right to terminate the contract and must continue performance of its obligations. Such language must be modified to prevent the contractor from being forced to continue work without payment.

In addition, many consents state that a lender is not obligated to pay the contractor for any amounts owed by the owner if those funds have already been advanced by the lender to the owner, and the contractor must continue to perform the contract for the lender. The risk of nonpayment in these scenarios lies solely on the general contractor. Consents should be modified to require the contractor to perform work for the lender only if the contractor has been paid in full. Otherwise, it is simply not reasonable to expect a contractor to continue to perform work for the lender if the owner has not paid the contractor in full.

Consents often limit a contractor’s ability to recover for changed work. For example, a consent may require written notice to the lender and approval by the lender prior to change orders exceeding a certain amount. If prior approval was not received from the lender and the owner defaults, a consent may prevent the contractor from recovery. Oftentimes, this consent for change orders is overlooked during the project and the impact of this lack of consent may not be realized until after owner defaults.

Consents may limit the contractor’s right to recover for extended performance costs, delay claims, and other costs related to extended performance. Although such provisions are absent in the general contract, contractors may limit their rights by executing consents that preclude time-based claims. These rights are relevant to costs and time delays that occur when a lender takes over the project. Again, contractors must be aware of language that modifies the terms of the general contract and further limits the contractor’s right to recover for legitimate costs and claims.

A contractor must carefully review all contract documents at the outset of any construction project. Where a lender requires a consent, a contractor must fully ascertain its rights, obligations, and limitations in case of owner default.

John J. McNamara is partner, and Mansoor Ahmed is associate at Lane McNamara, LLP.

The design and construction industry is not just about buildings. It’s about the people behind the buildings.