NAHB Develops Remodeler Contract Language for Lead Regulation

NAHB's legal department has written template language for remodeling firms to use when working in homes affected by the U.S. Environmental Protection Agency (EPA) regulation entitled Lead: Renovation, Repair and Painting. These materials are a benefit only available to NAHB members.

Target homes are defined as pre-1978 homes where renovation activities will disturb lead paint. Visit www.epa.gov/lead for more information about this rule, which goes into effect on April 22, 2010.

Please note that these sample documents, notices, and contract language have all been provided for information purposes only, and do not constitute a legal opinion. Care should be taken when drafting such provisions, and it is recommended that an experienced local attorney be consulted for that purpose.

If a remodeler expects that a job begun before April 22 will not be complete when the rule goes into full force, it is recommended that the remodeler use contract language applying to the active regulation. In essence, contracts signed before April 22 should anticipate the lead rule going into effect. However, it is also recommended that a local attorney be consulted in these cases.

The sample contract materials can be used as templates for remodeling contracts, but consulting with a local attorney is strongly recommended.

Be aware that EPA is also working on amendments that may change the requirements of the lead paint regulation. When these changes are made, NAHB will inform members. Stay tuned for news on these issues.

Visit http://www.nahb.org/leadpaint for more information on the lead rule and planning for compliance.