We’re dickering with our contractor over the details of the contract, and the sticking point is lead. We have a tenant, and want to have him agree to abide by the EPA guidelines that become binding in April 2010. They seem pretty basic: contain the workspace, mitigate dust (wet sand, etc.), and clean up after daily. The contractor – who has great refs – doesn’t want to be bound by this at all. Are we being unreasonable? Is he? Has anyone else tried to put lead-mitigation language into a contract?


Comments

  1. Generally when you purchase a coop or real property in ny state (i think) you sign a lead waiver of some description. I know I have signed this type of thing at almost every closing I have been involved with. I think at the end of the day its totally open ended and even abiding by some set of standards prescribed by a government agency does not insure zero pb. I think outside of additional cost and what you may think is no big deal, no one in their right mind would be contractually tied to this type of thing – albatross?

    good luck

  2. OP here – what do co-op boards in pre-60’s (ie lead paint riddled) buildings typically require? Don’t they need something, if only for their own liability?

    Again, many thanks!

  3. Are you saying you wouldn’t be having this discussion with your contractor if you didn’t have a tenant? Figure out exactly what you want, and discuss it honestly and fully with your contractor. The standards you’re asking him to meet are about YOU—they’re not about your tenant, or about legislation not yet in effect. I’m with Eman on this one: Be prepared and willing to pay additional. It’s highly unlikely that what you’re asking for is standard for the contractor.

  4. i am a contractor as well as a brownstoner…these are rules written by bureaucrats in government who have never been on a job site in their life..if you want them followed, i suggest you offer to pay your contractor a 10-15% premium over his bid…because that is what it will cost him..if it is that important to you, then pay for it…dont try to get it for free