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What is Construction Loan Monitoring, and why is it important?Construction Loan Monitoring ensures funds are disbursed appropriately during a construction project. It involves reviewing draw requests, inspecting the site for progress, and verifying compliance with the project scope, protecting lenders from financial risks.
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Can you explain what a Plan and Cost Review entails?A Plan and Cost Review evaluates a project’s plans, budget, contracts, and scope to ensure feasibility and alignment with industry standards. We assess risks, verify costs, and opine on the feasibility of the project.
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What documentation is required for a Plan and Cost Review?Our standard document request includes architectural, civil, structural, and MEP drawings, general contract, architect's contract, existing conditions reports, project budget, and the schedule. Additional documentation may be requested depending on the project scope or client requirements.
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What is the process for monitoring construction draw requests?We review each draw request to ensure that the requested funds align with work completed on-site. This involves an inspection walkthrough, OAC meeting attendance, and review of draw documentation including the G702/G703, invoices, change order log, and more.
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How quickly can you complete a Plan and Cost Review?Depending on the project’s complexity, we aim to deliver Plan and Cost Reviews within 5-10 business days after receiving the required documentation. We understand that rushes occur, and are happy to accommodate expedited turn around times by request.
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What does a construction loan monitoring report include?Reports typically include a project status summary, draw request review, lien waiver verification, stored materials status, critical path updates, and recommendations for risk mitigation.
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How often are site visits conducted during construction loan monitoring?Site visits are usually conducted monthly or aligned with draw requests, depending on the project’s pace and lender requirements.
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Can KOW provide monitoring for projects outside of New York?Yes, our team supports construction loan monitoring nationwide, leveraging our satellite offices located across the country. Our offices include Annapolis, MD; Austin, TX; Boston, MA; Charleston, SC; Chicago, IL; Columbus, OH; Denver, CO; Greensboro, NC; Nashville, TN; New Jersey; New York, NY; Palm City, FL; Palm Coast, FL; Queensbury, NY; Rochester, NY; Sacramento, CA; San Diego, CA; State College, PA; and Washington, DC.
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What is a lien waiver, and why is it important?A lien waiver is a document from a contractor or supplier waiving their right to file a lien against a property once payment is received. It protects owners and lenders from future claims.
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What are the different types of lien waivers?There are four main types: conditional and unconditional lien waivers for both progress payments and final payments.
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How does KOW verify lien waivers?We review lien waivers for accuracy, ensuring they are properly executed and match the amounts in the draw request.
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What happens if a lien waiver is missing or incomplete?Missing or incomplete lien waivers may delay funding or indicate potential payment disputes. We flag these issues and work with stakeholders to resolve them.
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Do lien waivers need to be notarized?Requirements vary by jurisdiction, but some states mandate notarization for lien waivers to be enforceable.
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What is an AIA G702 form?The AIA G702 form, also known as the Application and Certificate for Payment, summarizes the contractor’s request for payment, including completed work and stored materials.
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What is an AIA G703 form?The AIA G703 form, also known as the Continuation Sheet, provides a detailed breakdown of work performed, materials stored, and the status of individual line items.
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Why are AIA G702 and G703 forms critical for construction loan monitoring?These forms provide transparency into project progress, helping lenders verify that payments align with work completed and materials stored.
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How does KOW review AIA forms?We verify the accuracy of work-in-place percentages, stored materials, and compliance with project budgets before recommending payment.
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What are common issues found in AIA forms?Discrepancies in work-in-place percentages, missing backup documentation, and incorrect stored materials values are common issues we flag during reviews.
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What is a change order?A change order is a formal amendment to the original construction contract, detailing modifications to the scope, cost, or schedule.
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How does KOW evaluate change orders?We review change orders for reasonableness, compliance with the contract, and potential impacts on the project’s budget and timeline.
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What are the risks associated with change orders?Frequent or unapproved change orders can lead to budget overruns, project delays, and disputes among stakeholders.
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Do change orders require lender approval?Many lenders require approval for change orders that significantly impact cost, scope, or schedule. We facilitate this process as part of our monitoring services.
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How can KOW help manage change order risks?We track and evaluate all change orders, ensuring they are justified, properly documented, and aligned with project goals.
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What is a submittal log, and why is it important?A submittal log tracks project documents submitted by contractors, such as shop drawings, product data, and samples. It ensures compliance with design specifications and project requirements.
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How does KOW review a submittal log?We check the log for completeness, accuracy, and timeliness, ensuring all required submittals are approved and on schedule.
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What are stored materials, and how are they handled in draw requests?Stored materials are construction materials purchased but not yet installed. They are typically stored on-site or in a secured facility and may be eligible for payment with proper documentation.
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How does KOW verify stored materials?We confirm quantities, storage conditions, and compliance with the project contract. Photos and inventory logs are reviewed as part of the verification process.
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What risks are associated with stored materials?Risks include damage, theft, or misallocation of materials. We mitigate these risks by ensuring proper storage and documentation.
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What is the difference between work-in-place and non-work-in-place?Work-in-place refers to construction tasks completed and installed on-site. Non-work-in-place includes materials purchased but not installed or work not yet started.
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Why is it important to differentiate between work-in-place and non-work-in-place?Differentiating ensures that payments are accurately aligned with project progress and prevents overpayment for incomplete work.
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How does KOW verify work-in-place percentages?We conduct site inspections to confirm progress and compare observations against the contractor’s reported percentages in the draw request.
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What happens if non-work-in-place is overrepresented in a draw request?We flag the issue and recommend adjusting the draw amount to reflect actual progress, protecting lenders from overpayment.
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How does work-in-place impact the project’s critical path?Delays in work-in-place can affect the critical path, leading to schedule overruns and potential cost increases.
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What is a critical path, and why is it important?The critical path represents the sequence of tasks that determine a project’s overall timeline. Delays on the critical path directly affect the project’s completion date. A good example is weatherproofing of the building, as this can delay MEP trades.
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How does KOW evaluate a project’s critical path?We analyze the project schedule, monitor task progress, and identify potential bottlenecks that could delay critical activities.
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What are common risks to a project’s critical path?Risks include late material deliveries, labor shortages, weather impacts, and unapproved change orders. We monitor these factors to minimize disruptions.
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How can KOW help projects achieve LEED certification?Our team offers guidance on energy efficiency, sustainable material selection, and design strategies to help meet LEED requirements.
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Can you help retrofit existing buildings for sustainability?Absolutely, we assess existing buildings and recommend upgrades to improve energy efficiency and reduce environmental impact.
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What is Local Law 97, and how does it impact building owners in NYC?Local Law 97 is part of NYC’s Climate Mobilization Act, targeting greenhouse gas emissions from buildings. It sets strict carbon emission caps for buildings over 25,000 square feet, requiring owners to reduce emissions starting in 2024, with stricter limits in 2030.
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How can KOW help ensure compliance with Local Law 97?We conduct energy audits, recommend energy efficiency upgrades, and provide guidance on strategies to meet emissions targets, such as retrofitting systems and optimizing energy use.
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What penalties exist for non-compliance with Local Law 97?Buildings exceeding emissions limits face fines of $268 per ton of CO₂ emissions above the allowable threshold. Additional penalties may apply for failing to submit accurate emissions reports.
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What are the key deadlines for Local Law 97 compliance?Compliance begins in 2024, with stricter requirements in 2030. Building owners must submit annual emissions reports prepared by a registered design professional.
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Can KOW assist with retrofitting to meet Local Law 97 standards?Yes, we evaluate existing systems and propose cost-effective retrofitting solutions, including HVAC upgrades, insulation improvements, and energy-efficient lighting.
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What is the Enterprise Green Communities program?The Enterprise Green Communities program provides a framework for creating sustainable, energy-efficient, and affordable housing. It includes criteria for design, construction, and operation to promote health and environmental benefits.
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How can KOW assist with Enterprise Green Communities certification?We guide developers through the certification process, ensuring projects meet criteria for energy efficiency, water conservation, and healthy living environments.
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What types of projects qualify for Enterprise Green Communities certification?Affordable housing projects, including new construction and substantial rehabilitation, are eligible. The program emphasizes equitable and sustainable development.
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Does KOW provide support for integrating Enterprise Green Communities criteria into project designs?Yes, we collaborate with architects and developers to incorporate program standards into designs, ensuring compliance and maximizing sustainability.
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Are there funding opportunities associated with Enterprise Green Communities?Yes, certified projects may qualify for grants, low-interest financing, and other incentives from federal, state, and local agencies.
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What is ENERGY STAR certification, and how can it benefit building owners?ENERGY STAR certification indicates a building’s energy performance is in the top 25% of similar facilities nationwide. Benefits include lower operating costs, increased tenant appeal, and environmental impact reduction.
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How does KOW help clients achieve ENERGY STAR certification?We assess energy usage, recommend improvements, and guide clients through the certification process, including benchmarking performance using ENERGY STAR Portfolio Manager.
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What types of buildings are eligible for ENERGY STAR certification?Commercial, multifamily, and industrial buildings, among others, are eligible. Eligibility depends on energy use intensity and building performance metrics.
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What is the ENERGY STAR Portfolio Manager, and how is it used?Portfolio Manager is an online tool for tracking and benchmarking building energy and water consumption. It helps identify efficiency opportunities and monitor progress toward certification.
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Can KOW provide ongoing support for maintaining ENERGY STAR status?Yes, we offer monitoring and reporting services to ensure buildings sustain their performance and recertify annually if needed.
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What is NYSERDA, and how does it support sustainable projects?The New York State Energy Research and Development Authority (NYSERDA) provides funding, technical support, and programs to advance energy efficiency, renewable energy, and carbon reduction.
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What incentives are available through NYSERDA for building upgrades?Incentives include funding for energy audits, retrofits, renewable energy installations, and high-performance building designs. Specific programs cater to residential, commercial, and industrial projects.
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Can KOW help secure NYSERDA funding for sustainability projects?Yes, we assist with applications, identify qualifying programs, and provide documentation to support funding requests.
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What is the Multifamily Performance Program (MPP), and how does it work?MPP offers incentives for energy efficiency improvements in multifamily buildings. It provides a pathway to achieve significant energy savings through retrofits and performance optimization.
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How does KOW assist with compliance for NYSERDA’s High-Performance Building Program?We guide clients through program requirements, focusing on advanced design strategies, energy modeling, and verification processes to meet NYSERDA’s high-performance standards.
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What are the benefits of participating in NYSERDA’s Clean Energy Communities program?Communities earn recognition and access to grants by completing clean energy actions such as benchmarking energy use, adopting clean fleets, and upgrading streetlights to LED.
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Can KOW integrate NYSERDA incentives into a project’s financial plan?Absolutely. We help clients maximize financial benefits by combining NYSERDA incentives with other funding opportunities, reducing upfront costs.
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What documentation is required for NYSERDA incentive applications?Required documents typically include energy audits, project plans, and financial details. KOW ensures all submissions are accurate and complete.
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Are there deadlines for applying for NYSERDA incentives?Deadlines vary by program. We monitor timelines and assist clients in submitting applications on schedule.
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How does NYSERDA support renewable energy projects?NYSERDA offers grants and technical assistance for solar, wind, and geothermal energy installations, making it easier for property owners to integrate renewable technologies.
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What is a Phase I Environmental Site Assessment (ESA), and when is it required?A Phase I ESA identifies potential environmental liabilities associated with a property. It’s typically required for commercial real estate transactions to ensure compliance with regulatory standards and mitigate risks.
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How do you assess environmental risks in a Phase I ESA?We conduct site visits, review historical property records, and evaluate regulatory databases to identify potential risks such as contamination or hazardous materials.
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How does KOW Building Consultants conduct Property Condition Assessments (PCAs)?Our PCAs involve a thorough evaluation of a property’s physical condition, including structural components, mechanical systems, and site features. We identify immediate repair needs and long-term capital expenditures, presenting findings in a comprehensive report.
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Can you expedite a Phase I ESA if needed?Yes, we offer expedited services to meet tight deadlines, subject to availability and project complexity.
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What standards govern Phase I ESAs?Our standard Phase I ESAs are conducted following ASTM E1527-21 guidelines, which outline the process for identifying Recognized Environmental Conditions (RECs).
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Why is a Phase I ESA required in real estate transactions?Lenders and buyers require a Phase I ESA to evaluate environmental risks, mitigate liability, and comply with "All Appropriate Inquiries" (AAI) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
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What is the All Appropriate Inquiries (AAI) rule?AAI is a process to assess a property’s environmental conditions and potential contamination risks, required to qualify for CERCLA liability protections.
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What is ASTM E1527-21, and why is it important?ASTM E1527-21 is the latest standard for conducting Phase I ESAs. It improves clarity and consistency in identifying RECs, HRECs, and CRECs.
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What’s the difference between ASTM E1527-13 and E1527-21?The E1527-21 standard includes updated definitions, expanded guidance on RECs, and new requirements for historical research and report appendices.
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What additional environmental assessments might Fannie Mae or Freddie Mac require?Depending on the property, supplemental assessments for radon, asbestos, or lead-based paint may be required to meet lending standards.
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How long is a Phase I ESA valid under ASTM standards?A Phase I ESA is typically valid for 180 days. After that, key components must be updated if the report is to be relied upon.
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What is a Recognized Environmental Condition (REC)?A REC is the presence or likely presence of hazardous substances or petroleum products on a property due to release, historical release, or material threat of release.
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What is a Historical Recognized Environmental Condition (HREC)?An HREC refers to a past environmental issue that has been resolved to the satisfaction of applicable regulatory authorities and no longer poses a concern.
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What is a Controlled Recognized Environmental Condition (CREC)?A CREC is a condition where contamination remains on-site under certain controls, such as a deed restriction or active monitoring.
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What are Ongoing Environmental Conditions (OEC)?OECs refer to active contamination or unresolved issues that require further investigation or remediation.
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What are some examples of RECs found during a Phase I ESA?xamples include underground storage tanks (USTs), dry-cleaning operations, industrial activities, and evidence of hazardous material spills.
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What is lead-based paint, and why is it a concern?LBP, commonly found in buildings constructed before 1978, poses health risks, especially to children, if it deteriorates or is disturbed during renovations.
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Does a Phase I ESA include testing for lead-based paint?No, a Phase I ESA does not include physical testing but may identify the potential for LBP based on property age and use.
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What are asbestos-containing materials (ACMs), and where are they commonly found?ACMs are materials containing asbestos, commonly found in insulation, ceiling tiles, and flooring in buildings constructed before 1980.
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Does a Phase I ESA include sampling for asbestos?No, a Phase I ESA identifies the potential for ACMs but does not include sampling. A separate asbestos survey is required for confirmation.
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What is an Asbestos Operations & Maintenance (O&M) Plan?An O&M Plan outlines procedures for safely managing ACMs in a building to prevent exposure and comply with regulatory requirements.
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What are underground storage tanks (USTs), and how are they evaluated?USTs store fuel or hazardous materials underground. During a Phase I ESA, historical records and site inspections identify their presence and potential leaks.
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What is vapor intrusion, and is it assessed in a Phase I ESA?Vapor intrusion occurs when volatile chemicals migrate from contaminated soil or groundwater into indoor air. A Phase I ESA may identify conditions where vapor intrusion is likely and recommend further assessment.
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How are radon risks addressed in a Phase I ESA?While radon is not typically evaluated in a Phase I ESA, high-risk areas may be flagged for additional radon testing.
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What happens if an environmental issue is identified during a Phase I ESA?If a REC or other concern is found, a Phase II ESA may be recommended to further investigate the extent of contamination.
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What’s your turnaround time for PCAs?PCAs are typically completed within 10-15 business days from the time of inspection, but expedited timelines can be arranged for urgent projects.
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Does KOW provide training or educational resources for clients?es, we offer webinars, white papers, and consultation sessions to educate clients on industry best practices and regulatory changes. If you are interested in scheduling a webinar for your team, please email lucasg@kowbc.com
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What makes KOW Building Consultants different from other consulting firms?Our personalized approach, industry expertise, and commitment to quality set us apart. We work closely with clients to deliver actionable insights and solutions tailored to their needs.
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Do you work with projects located outside of New York?Yes, we have a national presence and can support projects across the United States. Our offices include Annapolis, MD; Austin, TX; Boston, MA; Charleston, SC; Chicago, IL; Columbus, OH; Denver, CO; Greensboro, NC; Nashville, TN; New Jersey; New York, NY; Palm City, FL; Palm Coast, FL; Queensbury, NY; Rochester, NY; Sacramento, CA; San Diego, CA; State College, PA; and Washington, DC.
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What is your quality assurance process for reports?Every report undergoes a detailed internal review, ensuring technical accuracy and alignment with client expectations before delivery.
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What types of clients do you typically work with?We work with lenders, banks, architects, developers, property managers, investors, and government agencies. Our clients range from small businesses to large institutions managing complex projects.
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Can KOW Building Consultants assess historical properties or older buildings?Yes, we have extensive experience evaluating historical and older buildings. Our team understands the unique challenges associated with these properties, such as compliance with preservation requirements.
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What standards do your reports follow?Our standard reports adhere to ASTM standards, regulatory requirements, and best practices in the industry to ensure accuracy and reliability. KOW works with hundreds of clients nationwide, and as such our reports are tailored to meet client, or project specific requirements upon request. This includes Fannie Mae and Freddie Mac when applicable.
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What tools and technologies do you use in your assessments?We leverage advanced tools like Bluebeam for document review, drones for site inspections (when approved), and AI-driven software for data analysis.
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How do you ensure consistency across reports from different team members?KOW is proud to be one of the few nationwide firms that does not use 3rd party inspectors. When you receive a KOW report, all portions were performed by our full-time, in-house team. Consistency is achieved through standardized templates, ongoing training programs, and a multi-level review process.
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