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.

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.

The Eleventh Circuit Court of Appeals, in a recent case which will have far reaching implications in the construction industry, soundly rejected workers’ demands for pay under the Fair Labor Standards Act.

General contractors and subcontractors are familiar with the process of bidding for work; soliciting competitive bids from subcontractors and materialmen is a crucial ingredient in every bid.

Recent legislative changes allow contractors to perform work even if they are not certified and registered, but only in those localities where the local licensing ordinances also do not require them to be certified and registered.

Assume a commercial dispute in which a plaintiff brings a count for breach of contract (with a request for compensatory damages) along with a fraud-related count (which seeks rescission of the subject contract).