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 ...

The Lead-Based Paint Renovation, Repair and Painting Law Goes Into Effect Today!

  1. 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.
  2. 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 lead. If lead is not found in the home, you do not have to use the lead-safe practices. Make sure the lead testing firm agrees to indemnify and defend you if you are sued. If lead is found, ask the homeowner to agree to pay for abatement before you start work.

3. Do not work on renovation projects on pre-1978 homes until you receive your certification.

4. Have a certified firm GC the project, and receive on the job training for the lead-safe procedures. If you are a certified renovator, use the lead-safe practices and document everything you do. Understand that you cannot GC the project unless you have received your certification from the EPA.

That's all I can think of for now. Remember, the fines are currently $37,500.00 per day per infraction. Do not take risks when it comes to compliance with this law.

For excellent information on the Lead-Based Paint Renovation, Repair and Painting Rule, you can also read Shawn McCadden's blog: http://www.shawnmccadden.com/

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