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

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:

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 out in detail, and his reporting is extremely comprehensive.

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