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Showing posts from July, 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 mutually beneficial solutions.   It res

Key Differences Between the RRP Rule and the New Massachusetts Lead Law

454 CMR 22.00: Deleading and Lead-Safe Renovation Regulations  The good news for MA contractors is that the new lead law is well-written, and very similar to the RRP Rule.  The law bridges the gap between renovation work, deleading and OSHA regulations. Since most of my readers do renovation work or new construction, I am going to set aside the rules regarding deleading.  So, what do MA contractors need to know to stay in compliance with the state law?   First of all, if you have trained as a Certified Renovator through a training  accredited   by the EPA, you are automatically a Lead-Safe Renovator Supervisor in MA.  The two certifications are equivalent. If you have already applied and received certification as a Certified Firm with the EPA, then you need to apply for a waiver to be listed as a certified firm in MA.  You can access the waiver form,  Lead-Safe Renovation Contractor Licensing Waiver   here. If you have not already applied to become certified with the EPA, you will

Better Safe Than Sorry in Business

I don't usually link to others' blog posts, but I thought this one is worth reading.  As we say in law, you can pay me now, or pay me later, but it is usually much cheaper to anticipate issues and pay to prevent them.: http://blog.reiserlegal.com/2010/07/loyalty-what-lebron-james-teaches-about-the-importance-of-smart-contracting/

Massachusetts Lead Law Takes Over

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Massachusetts just announced that it is taking over enforcement of the Lead Law 454 CMR 22, as of today. I know what I'll be reading this weekend!  I am going to be posting about the differences between the MA law and the federal Renovation, Repair and Painting Rule.  Here's the official state announcement: Lead Renovation, Repair and Painting Rule (RRP Rule) Effective July 9, 2010, the Division of Occupational Safety promulgated amendments to 454 CMR 22.00 (Deleading and Lead-Safe Renovation), and, in conjunction with the Executive Office for Administration and Finance, amendments to 801 CMR 4.02 454 (16) and (18) (Licensing Fees for Lead-Safe Renovation Contractors and Lead-Safe Renovator Training Providers).  The amended version of 454 CMR 22.00 can be viewed by clicking  HERE   .  The amendments to 801 CMR 4.02 454 (16) and (18) change the licensing fee and surcharges for Lead-Safe Renovation Contractors from $575 for a one-year license to $375 for a five-year license,

Contractor Fined $784,380 for RRP Violation

EPA Cites Company $784,380 for Failing to Warn Residents of Lead-Based Paint Exposures  Jun 20, 2010 The U.S. Environmental Protection Agency recently filed a complaint and proposed a $784,380 penalty against Hanson’s Window and Construction Inc. of Madison Heights, Mich., for violations of the 1998 federal rule for failure to warn residents of potential lead-based paint exposures. EPA alleges that in May 2005, Hanson, a window installation firm, failed to provide home owners and tenants of 271 residential properties in Lansing, East Lansing, Haslett, Charlotte, Onondaga, Williamston, Holt, Stockbridge, Mason, Leslie, and Warren with required information warning residents that their construction activities could expose residents to lead. The citation is based in part on information that two children living in renovated Michigan homes had tested positive for elevated blood lead levels. The Pre-Renovation Lead Information Rule requires that renovators provide homeowners, tenants,

Cash for Caulkers – The Definitive Guide To The Home Star Energy Retrofit Act of 2010-Part II

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We also decided to combine these retrofits into three packages that will help homeowners get the best bang for their buck. But first, let’s review the program details. Who is Eligible and How to Qualify? The Home Star bill offers two rebate programs, the “Silver Star” program and “Gold Star” program. Here are details for each: ·          Silver Star   – Unless another amount is specified in the “Rebate Amount” column above, homeowners will receive a $1,000 rebate for each retrofit listed in our table. The maximum amount of rebates paid out will be $3,000 or 50% of the total cost, whichever is lower. For example, if a homeowner spends a total of $4,000 on eligible retrofits, they will get $2,000 or 50% back as a rebate. If they spend $8,000 on eligible retrofits, they would only receive $3,000 in rebates instead of $4,000 (which would be 50% of the cost). ·          Gold Star   – To qualify for the Gold Star program, homeowners must reduce their total home energy consumption by 20%. A

Cash for Caulkers – The Definitive Guide To The Home Star Energy Retrofit Act of 2010

This article, by Houston Neal of Software Advice , demystifies the rebates that will be available for green retrofits.  I will post the second part tomorrow: : “Cash for Caulkers” is nearly here. Last month the House of Representatives passed H.R. 5019 – also known as the Home Star Energy Retrofit Act of 2010 or “Cash for Caulkers” – to kick-start construction, create jobs and cut back carbon emissions. While the bill still needs to clear the Senate, supporters predict it will pass this summer. This is great news for homeowners and contractors alike. The bill provisions $6 billion for energy-efficient or “green” retrofits. It is expected to fund renovations for 3 million families, create 168,000 new jobs and save consumers $9.2 billion on energy bills over the next 10 years. But in order to cash in on upcoming rebates, homeowners and contractors will need to do their homework. There are 13 types of retrofits eligible for funding. Each retrofit has unique eligibility requirements and