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-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 2nd in this case.) Emergency regulations expire unless a public hearing is held and then the regulation is adopted prior to the 90 days.

So, as of now, contractors must comply with the EPA Rule. If, and when Massachusetts law takes over, I will inform my readers.

You can also learn more at http://www.shawnmccadden.com/rrpedia/

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