it’s imperative to proactively take responsibility for the risks of delays that each project participant can control. For example, participants may draft force majeure clauses that specifically identify “excusable delays” and include language under- scoring that substantial completion will not equate to achievement of a certification level (as such certifica- tion will generally not be completed at the time the project is completed). When addressing insurance and bonding matters each project par- ticipant must evaluate and deter- mine which policy will best cover “green” claims. Each of the types of policies available to the proj- ect team have their limitations or advantages: Errors and Omission policies, procured by design professionals, generally will not provide cover- age for warranties or guarantees, nor provide coverage for “green experts.” Builders’ Risk policies, procured by owners, generally will not include construction defects coverage. A Commercial General Liability policy, generally procured by con- tractors, presents coverage issues turning on questions such as: Is failing to meet a sustainable objec- tive an “occurrence” that caused “property damage”? Does obtain- ing to meet green certification level equate to performing professional service? What about the mold and EFIS endorsement exclusions? BUSINESS FEATURE –––––––––––––––––––––––––––––––––––––––––––––––––– WHERE GROWING YOUR BUSINESS IS OUR PURPOSE. Joe Lundgren is a globally recognized product and marketing expert in the ceramic and stone worldwide markets. His specialty is Business Development, Product Management, and Marketing. Joe has developed his expertise in strategic planning, new product development, and marketing strategy for North America during his 27 year career at Dal-Tile, a subsidiary of Mohawk Industries. Joe has extensive experience in multiple sales channels including distribution and Home Centers. Additionally, Joe represents the Tile Council of North America (TCNA) for its testing laboratories, which has Joe at the epicenter of the industry for all new initiatives. Please contact Joe Lundgren for a free consultation proposal! +1.214.641.7773 JOSEPHLUNDGRENCONSULTING.COM 66 TileLetter | August 2018