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Showing posts from January, 2010

Litigation-I Win, You Lose vs. Mediation-Win/Win

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  Litigation is a zero-sum game.  It destroys relationships and fosters enmity between the parties.  Parties rarely walk away happy.  Even if they win, the expense of litigation is enormous, and collecting on judgments is difficult. Disputes ultimately resolve, but the focus on winning at any cost can lead to prolonged legal battles.  Living with a lawsuit causes ongoing stress, which can distract you from your business and even have an effect on your health. In a courtroom, the final decision lies with a judge or jury who may not fully grasp the complexities of the case. Parties relinquish control over the outcome, potentially leaving them dissatisfied with the final judgment. Mediation has the opposite effect.   Rather than polarizing people, it enables the parties to attack the issues and not each other.     The process promotes open communication, collaboration and problem-solving, which enables parties to actively participate in crafting ...
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Why You Need a Good Contract

I have posted on this issue before, but when I was at a BAGB (Builders Association of Greater Boston) meeting the other day, contractors where talking about how difficult it is to present homeowners with a contract, and how they worry about scaring them off with something too long or complicated. I am sympathetic to that issue, and understand that contracts make people uncomfortable. What I try to emphasize with both homeowners and contractors is that 1) the law requires a written contract for renovation work over $1000; and 2) a contract reflects a "meeting of the minds." The contract is the most important part of preparing for a renovation or new construction project because it helps the contractor manage expectations with the homeowner. Discussing the contract terms requires the homeowner and contractor further define the scope of the project and set a realistic payment schedule. It lets the homeowner know what is included and which additions would require a change ord...
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Lead: Renovation, Repair and Painting Program

Over the past couple of weeks I have started learning about the new lead paint law that is going into effect on April 22, 2010. Contractors who do renovation work on pre-1978 houses will have to obtain certification in lead containment procedures. If they do not comply with the law, the penalties are stiff: I have heard that they range from $32,000 to $37,000. So, I am doing everything I can to get up to speed on the law as quickly as possible, and organizations like BAGB (Builders Association of Greater Boston), HBAM (Home Builders Association of Massachusetts) and NARI (National Association of the Remodeling Industry) are running meetings and trainings to prepare for this change in the law. As a lawyer, it is my job to anticipate where the legal issues will arise when this law is implemented. So far, I see the following: 1. Contracts with homeowners will have to spell out the requirements and protect the contractors from liability as much as possible. 2. Contracts with subcontrac...
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