Sunday, March 28, 2010

Contracts with Subcontractors-Lead-Based Paint Renovation, Repair and Painting Law

  1. Make sure you have written contracts with subcontractors.
  2. Include an indemnification clause where the subcontractor is liable for his portion of the work that requires lead containment procedures. If the general contractor is sued, he wants to require that the subcontractor has to reimburse him for his attorney’s fees and costs in defending himself against a suit that is based on the work performed by the subcontractor. The subcontractor would agree to be liable for any judgment that is a result of the work that he performed.
  3. The contract must clearly spell out the subcontractor’s scope of the work so everyone understands the apportionment of responsibility.
  4. Never hire subcontractors who are not certified firms and renovators with the EPA.
  5. Make final payment to subcontractors contingent upon completion of all documentation (including photographs and records of on the job training) required by the EPA.