More details to this question:
Contractor claims they did lead testing on my 1971 home in April prior to window install but generated no proof until August. Once we got results they were incomplete, inconclusive, and seemed manufactured. We were told by EPA 15 windows needed approximately 30 swab tests done to conclude lead negative yet document shows only 9. No lead practices were followed day of install based on contractor stating lead testing in April showed lead negative. Since results did not come until Aug and install of windows was June we had environmental company come access to make sure we didn't get contaminated at time of install since we still had no results. Do I have any legal rights for potentially having our family put in harms way? Remaining balance is due and I'm not paying. Offered lower amount based off dissatisfaction and causing us unnecessary fear for months waiting for our results which we feel are manufactured. They now claim if we don't pay full amount they will put lien on home.
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I am only licensed to practice law in Ohio so my response is limited by that restriction. However, because your issue is controlled by federal law, you may find the following information helpful.
Your situation is controlled by USEPA’s 2008 Lead-Based Paint Renovation, Repair and Painting (RRP) rule (as amended in 2010 and 2011). The RRP rule aims to protect the public from lead-based paint hazards associated with renovation, repair and painting activities. These activities can create hazardous lead dust when surfaces with lead paint, even from many decades ago, are disturbed. The rule requires workers to be certified and trained in the use of lead-safe work practices, and requires renovation, repair, and painting firms to be EPA-certified. These requirements became fully effective April 22, 2010.
Under the rule, beginning April 22, 2010, firms performing renovation, repair and painting projects that disturb lead-based paint in homes, child care facilities, and kindergartens built before 1978 must be USEPA or state certified and must use certified renovators who follow specific work practices to prevent lead contamination. This includes in-house maintenance staff and many types of outside contractors. In order to become certified renovators, individuals must take training from a USEPA accredited training provider.
If your house was built prior to 1978, your contractor violated the RRP rule while performing the window replacement work at your home without satisfying the lead based paint testing requirements of the RRP. Such violation is evidence of the company’s negligence in performing the work, which provides you with a clear cause of action to recover their damages incurred as a result of that negligence. It also provides you with solid grounds to file a complaint with USEPA and/or the appropriate regulatory agency in Michigan with jurisdiction over this issue.
With all of the above information in mind, I suggest that you contact an experienced environmental attorney licensed to practice in Michigan to represent you in this matter.
Good luck.
Answered on Sep 18th, 2014 at 8:08 AM