TEN NEW YEAR’S RESOLUTIONS FOR CONTRACTORS-2021

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   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

EPA Starts Assessing Fines for RRP Violations


From Mark Paskell's blog: 

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 locations.
According to an administrative consent agreement filed by EPA Region 7 in Kansas City, Kan., the window replacement company, located in Maryland Heights, Mo., was legally required to provide owners and residents of the properties with an EPA-approved lead hazard information pamphlet before starting renovations at the properties.
Provision of the lead hazard information pamphlet to property owners and occupants is one requirement of the Residential Lead-Based Paint Hazard Reduction Act, which Congress passed in 1992 as an amendment of the federal Toxic Substances Control Act (TSCA).
The regulation is intended to protect owners and occupants of residential properties, child care facilities and schools built before 1978 from health risks associated with lead-based paint. Lead-based paint was banned for residential use in the United States in 1978. Most homes built before 1978 contain some amount of lead-based paint, and subsequent renovation activity of such properties can cause occupants to be exposed to dust, chips and debris that contain lead.
The Residential Lead-Based Paint Hazard Reduction Act requires renovators of such properties to obtain certified training, follow safe work practices, and take specific steps to make owners and occupants aware of health risks associated with lead exposure before renovation work occurs.
As part of its settlement with EPA, and in addition to paying the $19,529 civil penalty, Window World of St. Louis has agreed to perform a supplemental environmental project, through which it will spend an estimated $20,048 to replace a total of 73 old windows contaminated with lead paint at three group home facilities operated by the non-profit social services organization Youth in Need. Those facilities are located at 1420 N. 3rd Street, 516 Jefferson Street, and 529 Jefferson Street, in St. Charles, Mo.

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