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Showing posts from April, 2011

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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Time for "Spring Cleaning" in Construction

When the Renovation, Repair and Painting Rule came into effect, there was a flurry of activity as contractors became concerned about how it would affect their businesses.  They were facing the additional costs of certification and compliance and started thinking about lead poisoning in a way that they never had before. There was always a group of contractors who thought that it was all smoke and that it was not worth the effort.  They never got trained or certified, and were/are able to underbid their competitors for renovation jobs. As months passed, I heard the buzz of angry contractors who made the effort to do it right and follow the law.  Many felt that it was a joke.  Registration in certification classes waned. At the same time, the economy has improved, and contractors are getting back to business. They don't have as much time to learn the nuances of OSHA or deal with paperwork. In the last two months, however, stories have started cropping up around th...
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Worker's Compensation Information Available Online At the Massachusetts Department of Labor Website

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Mark Paskell first posted this at his blog,  http://www.thecontractorcoachingpartnership.com/Blog-Contractor-Coaching--Construction-Business-Coach-EPA-RRP-Lead-Rule/ , but I think it is so important that I wanted to post here as well.  Make sure all of your subcontractors have worker's compensation policies if they have employees.  If not, you may be held accountable if someone gets injured on the job.  Bravo to the government of MA for making this information available to the public. Here is a brief excerpt from the Massachusetts Department of Labor website;                                       Patrick - Murray Administration Launches  Free Web-Based Tool Will help Public Verify if Businesses have Workers Compensation Insurance Policy Boston, MA - The Executive Office of Labor and Workforce Development (EO...
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EPA Starts Assessing Fines for RRP Violations

From Mark Paskell's blog:  http://www.thecontractorcoachingpartnership.com/Blog-Contractor-Coaching--Construction-Business-Coach-EPA-RRP-Lead-Rule/ The press release below came from the EPA.  It has been hard to persuade contractors that they need to become certified when it did not appear that the Renovation, Repair and Painting Rule was being enforced.  Now, there have been two substantial fines publicized: one in Connecticut last month ($30,700) and the one listed below.  It is time to have your contracts reviewed, insert clauses to protect you under the new law, and have your insurance policy reviewed for lead coverage! Kansas City, Kan., March 31, 2011) – Window World of St. Louis, Inc., has agreed to pay a $19,529 civil penalty to the United States to settle allegations that it failed to notify owners and occupants of at least 20 St. Louis area residential properties built before 1978 of lead-based paint risks prior to performing renovation work at those loc...
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