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Showing posts from August, 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
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Comparison of the EPA RRP Rule and the Massachusetts Lead-Safe Renovation Law

The DOS has provided us with an excellent comparison of the EPA rule and the Massachusetts law.  Here is the link: http://www.mass.gov/?pageID=elwdterminal&L=5&L0=Home&L1=Workers+and+Unions&L2=Licensing+and+Certification&L3=Lead+Program&L4=Lead+Documents&sid=Elwd&b=terminalcontent&f=dos_lead_RRP_comparison_epa_dos_rrp&csid=Elwd I would add an item.    The EPA rule requires that contractors provide the homeowner with documentation of the lead-safe practices upon final invoice or within 30 days of the completion of the renovation. I have been unable to find such a requirement in the MA Lead-Safe Renovation Rule.   I spoke with someone at DOS, and he could not find anything in the MA law either. I
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Understanding the MA Lead Law-The Fine is No More Than $5000.00!

A source of huge relief to contractors will be that the fine for noncompliance with the law has been dramatically reduced to no more than $5000.00 for an infraction.  The law states as follows: Penalties. Any entity or person who violates the provisions of 454 CMR 22.00 shall be subject to the administrative sanctions specified herein and any fines or penalties allowed pursuant to M.G.L. c. 111, § 197B(f) and M.G.L. c. 149, § 6. After reading through the various laws, the penalty structure is as follows: (2) Maximum Amounts of Civil Penalties. The maximum amounts of Civil Penalties that may be assessed under 453 CMR 9.00 are as follows: (a) A monetary penalty of not more than $1,000 may be issued for each Violation if: 1. the person, firm, corporation or other entity has not previously been criminally convicted of a Violation of M.G.L. c. 111, § 197B; M.G.L. c. 140, §§ 46A through 46R; or M.G.L. c. 149, §§ 6A through 6F½; or been issued a Civil Citation pursuant to 453 CMR 9.0
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