[Bldg-sim] Indemnity Clause?

[Jim Dirkes via Bldg-sim]

On the one hand, all of my proposals include a disclaimer intended to make
the client aware of energy model limitations. The clients are not normally
experts in modeling and it's not reasonable to expect they'd know what a
model can and can't do. I want to increase their understanding in advance
of the work.

On the other hand, I'm wondering if anyone has been crazy enough to
litigate a situation where actual results and modeled results differ. Just
for starters, once you construct and begin operating a building, almost
every assumption made by the modeler is immediately, and often greatly,
different. How can anyone expect a close match?

On Fri, Jul 14, 2017 at 2:16 PM, Dan Nall via Bldg-sim <
bldg-sim at lists.onebuilding.org> wrote:

> This is a very important issue, especially since some jurisdictions,
> including New York City, are looking at regulation of energy use, rather
> than regulation of calculated energy use.  Liability arises if the energy
> modeling results indicate compliance with the code, and later operating
> experience reveals a non-compliant building.  ACEC New York City Energy
> Code Committee is contemplating responses to this dilemma.
>
> Have been using disclaimers as one of the first pages of an energy
> modeling report since the early 1980's.  .
>
> -----Original Message-----
> From: Peter Simmonds via Bldg-sim
> Sent: Jul 14, 2017 12:15 PM
> To: bldg-sim at lists.onebuilding.org
> Subject: [Bldg-sim] Indemnity Clause?
>
> Just a simple question: how many  simulation experts and modelers provide
> and indemnity clause to their clients? Are we all guaranteeing the results
> are true and can be obtained? What happens if predicted results don’t
> materialize? Who’s to blame/responsible?
>
> Comments and suggestions please.
>
> Peter Simmonds, Ph.D., FASHRAE, FIBPSA, FFTI
>
> Mobile USA: +1-310-383-9911 <(310)%20383-9911>
>
> Mobile HKG: +852-9227-1640 <+852%209227%201640>
>
> Mobile UK: +44 7470461689 <+44%207470%20461689>
>
>
> _______________________________________________
> Bldg-sim mailing list
> http://lists.onebuilding.org/listinfo.cgi/bldg-sim-onebuilding.org
> To unsubscribe from this mailing list send  a blank message to
> BLDG-SIM-UNSUBSCRIBE at ONEBUILDING.ORG
>
>


-- 

James V Dirkes II, CEO / President
The Building Performance Team Inc.
1631 Acacia Dr, GR, MI 49504

(alphabet soup of efforts for excellence: PE, BEMP, BCxP, LEED AP)

Direct / Mobile: 616.450.8653
jim at buildingperformanceteam.com

Website <http://buildingperformanceteam.com>l  LinkedIn
<https://www.linkedin.com/pub/jim-dirkes/7/444/413>

*Coffee conversation:*They love truth when it enlightens them, they
hate  truth when it accuses them… They love truth when it reveals
itself, and hate it when it reveals them*.*



.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.onebuilding.org/pipermail/bldg-sim-onebuilding.org/attachments/20170714/ea0a161a/attachment-0001.html>