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Showing posts from April, 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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New Documentation Requirements for Contractors

The RRP Rule is changing so frequently that it must be staggering for contractors. A new regulation is being published to the Federal Register that will take affect 60 days after publication. Shawn McCadden has the full text of the rule here: http://www.shawnmccadden.com/rrpedia/bid/39210/What-EPA-RRP-documentation-must-be-given-to-the-owner-or-occupant#Comments Basically, as of the date of the final invoice, or no later than 30 days after the completion of the renovation, the contractor must present the owner and/or occupants with documentation of the lead safe practices. The EPA has a Sample Renovation Recordkeeping Checklist that can be used for this purpose. In addition, if dust clearance testing is performed, then the owner and/or occupants must be presented with the dust wipe sampling report. I will report on this more once I become more familiar with this new amendment. I will also be drafting additional contract clauses to address this new rule. Shawn's blog spells it ...
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Opting-Out of the Lead Paint Law is not an Option

Today I had a spirited debate on a NARI listserve about the Opt-Out provision of the RRP Rule. As others pointed out, the Opt-Out provision will be in effect for sixty days. As the EPA stated on its website: "Q. Will EPA issue a final rule removing the opt-out and if it does when will the rule become effective? As of April 22, 2010, EPA has issued a rule revoking the opt-out provision of the 2008 Lead RRP rule. EPA expects this rule to publish in the Federal Register within 2 weeks and anticipates that it will take effect 60 days after publication." So, here is the reality of the situation. If you are going to do a renovation that will be completed before 60 days from now, I suppose you could theoretically have a homeowner who does not have children under 6 or pregnant women at the premises sign an opt-out clause and avoid using the lead-safe practices. However, what if the project runs over? Does it make sense to have a job going on where the procedures have not been fo...
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Lead-Based Paint Renovation, Repair and Painting Law-Myth Busters

There is so much misinformation floating around about the law that is going into effect today; it is no wonder that contractors are confused. I will try to address some of the confusion that exists here in Massachusetts. 1. As of today, the Environmental Protection Agency is enforcing the lead paint law in Massachusetts. There is no grace period. 2. The opt-out provision for homes where there are no children under 6 or pregnant women is supposed to expire. That means there is no opt-out available for pre-1978 homes. 3. The state has published an emergency regulation to the central register as 454 CMR 22.00. The law went into effect on April 2nd, but the Division of Occupational Safety has not yet received approval from the EPA to take over enforcement and have the MA law supersede the federal law. The EPA requirement is that the MA law has to be at least as stringent as the federal law. 4. An emergency regulation expires 90 days after filing. (i.e. 90 days from April 2 nd i...
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The Lead-Based Paint Renovation, Repair and Painting Law Goes Into Effect Today!

Apply for certification with the EPA now. If you are not certified as of April 22, 2010, you cannot do work that disturbs lead paint in target housing. Contractors cannot contract away liability from enforcement by the EPA. You cannot shield yourself from liability. All contractors and subcontractors are responsible for following the Lead-Based Paint Renovation, Repair and Painting containment procedures. It is April 22, 2010, and the Lead Paint Law goes into effect today. If your firm has not received certification from the EPA, you cannot do work that disturbs more than 6 interior sq. ft. or 20 exterior sq. ft. of paint on pre-1978 housing. What should you do? 1. Apply for certification today at the EPA website, and stay tuned. If your application is pending there may be announcements that allow for work until certification is granted. However, as of now, you may not do work that disturbs paint! 2. Have the homeowner agree to test for lea...
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