TEN NEW YEAR’S RESOLUTIONS FOR CONTRACTORS-2021

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   As I sit down to write my annual list of resolutions for contractors, I am amazed at how much things changed in 2020. Construction was going well and then, in March 2020, COVID-19 hit. At first, we thought it was going to be a disaster for the construction industry. States, cities and towns shut down projects and many applied for PPP loans. Then, something amazing happened. Construction was considered an essential service and everyone was back to work.  That said, the work world changed: companies were donating their PPE to frontline workers, COVID-19 protocols had to be followed and paperwork had to be filed. Everyone was scrambling to figure out how to comply and keep their businesses going. So, you may or may not ask, what was I, as a construction lawyer doing? I spent March and April thinking about the new risks contractors/construction companies were facing and developing contract clauses to protect the industry. I wrote a number of blog posts with clauses to add to your contra

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 subcontractors will have to allocate liability and record-keeping requirements for each party's role in the job.

3. Documentation will have to be reviewed for compliance.

4. Construction companies will need representation before the Environmental Protection Agency when being investigated or fined.

So, I will be doing my best to protect you and enable you to continue in your business in a productive, successful fashion. Now, more than ever, you will need to have your contracts reviewed and updated to reflect the changes in the law.

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