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Showing posts from January, 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 mutually beneficial solutions.   It res

Sick of RRP? It's Still Time to Update Your Contract

So am I.  Really.  All this talk about RRP and it feels like nothing's changed. The threatened fines have not really transpired, and today doesn't feel any different from yesterday.  I can speak about Massachusetts, but    Wisconsin ,   Iowa ,   North Carolina ,   Mississippi ,   Kansas ,   Rhode Island , Utah ,   Oregon ,   Massachusetts , and   Alabama  now have their own state's laws, and I am not sure what is happening there in terms of enforcement .  RRP has done one good thing, though.  It has encouraged contractors to review all of their business practices and make sure that their contracts protect them. Quite honestly, I tried to market my legal services to contractors reviewing their contracts a number of years ago.  I could not get anyone interested.  Business was booming and contractors had a backlog of work.  Then, two things happened.  The construction industry became one of the hardest hit by the economic downturn, and RRP went into effect.  Homeowners and

Lead-based Paint Renovation , Repair and Painting Rule

The Renovation, Repair and Painting Program went into effect on April 22, 2010. Contractors were scrambling to become certified and make themselves familiar with the law's requirements. Now contractors are waiting to see if the law is going to be enforced and if companies will be fined for violations. It is my responsibility to read the law and to predict where the legal issues will arise so that construction companies can protect themselves.  It is time to start the new year right and have your contract reviewed for compliance with state and federal law with clauses that protect you and your business. By now, most contractors know that RRP applies to all pre-1978 homes where more than 6 sq. ft. of painted surface or 20 sq. ft. of exterior painted surface will be disturbed.  From the EPA: The Toxic Substances Control Act (TSCA) addresses lead-based paint hazards created by renovation, repair, and painting activities that disturb lead-based paint in target housing and child-occu

A Dog and a Truck, or Why RRP May Not be a Bad Thing

I spent the better part of 2010 learning about the EPA's Renovation, Repair and Painting (RRP) rule and helping contractors understand the law and protect themselves with well-drafted contracts.  I made more presentations than I can count to contractors and construction companies in the northeast, and I heard about their pain:  RRP compliance would cost them a lot more money.  Homeowners had not heard anything about the law and were appalled when they learned that their renovation projects would cost more.  Illegal contractors were undermining their ability to get jobs by failing to get certified and refusing to follow RRP. At the same time, however, I think that most contractors would agree that not just anyone should be able to call himself a contractor. Contractors should have training and experience.  They should know about OSHA and other safety regulations and use them.  As power tools have developed over time with more safety features built in, construction is a lot less da