NAHB Has Sample Contract Language for Lead Paint Rule

NAHB's legal department has produced template language that remodeling firms can use in their contracts when working in homes affected by the U.S. Environmental Protection Agency’s new lead paint regulation set to go in effect on April 22. The contract language, which can be downloaded from the NAHB Web site, is available for NAHB members only.

The EPA rule, "Lead: Renovation, Repair and Painting," targets homes built before 1978 and where renovation activities will disturb lead paint. For more information about the rule, visit www.epa.gov/lead.

NAHB’s sample documents, notices and contract language are provided for information purposes only and do not constitute a legal opinion. They include:

• Pre-renovation notice for owner-occupied housing construction before 1978

• Additonal firms and certified renovators on site

• Lead renovation "opt out" provision for owner-occupied dwellings

• Sample move-out contract clause

• Pre-renovation notice for tenant-occupied housing construction before 1978

• Mailing option — delivery of lead renovations pamphlet

• Sample clause for subcontracts

NAHB recommends that members consult with an experienced local attorney when drafting provisions about the lead paint rule for client contracts.

NAHB also recommends that members who develop contracts before the rule goes into effect, and who anticipate that the job will not be completed before April 22, use lead paint rule language in their contracts. However, it is also recommended that members consult with a local attorney in these situations.

The EPA is also working on amendments to the lead paint rule that may change its requirements. NAHB will inform its member of any changes the agency makes.

For more information on the lead rule and planning for compliance, visit www.nahb.org/leadpaint.