About a year ago, the United States Environmental Protection Agency’s (“EPA”) Lead-Based Paint Renovation, Repair and Painting Program (RRP) when into effect. The RRP is a Federal regulatory program affecting contractors and others that provide remodeling, repair, and related work, that “disturbs” painted surfaces in residential homes, apartments, and schools and day-care type facilities, among others, constructed prior to 1978.

Far too often, feelings of elation and the excitement of purchasing a new condominium can sour when the buyer becomes aware of one or more construction defects. A dream unit can become a nightmare once flaws, both patent and latent, are encountered after the developer has turned over the project and left the site. Who is accountable for the necessary repairs?

A contractor agreed to build a two story garage, but early in the project realized he had made a mistake. He had constructed the foundation footer shorter than the length needed. He advised the owners and proposed a resolution.

The perils of hiring an unlicensed contractor are significant. They extend to other contractors and their subs, as well as members of the general public. But by far, the party facing the greatest exposure is the owner. The risks are numerous, and can sometimes manifest themselves in a surprising way.

A contractor, hired by a developer to perform certain earthwork, priced the job with the idea the he could remove excess fill from the job site and haul it to another project on which he was also working. An easy way to make some money, or so he thought.

You think you have an understanding. So you prepare and sign an agreement with all the key points, and send it to the other side for signature. You even add a provision, asking that the document be signed and returned by a particular date. What if it isn’t; do you still have a deal?