NAHB's legal department has written template language for remodeling firms to use when working in homes affected by the U.S. Environmental Protection Agency regulation entitled "Lead: Renovation, Repair and Painting." Target homes are defined as pre-1978 homes where renovation activities will disturb lead paint. Visit www.epa.gov/lead for more information about this rule, which went into effect on April 22, 2010.
Please note that these sample documents, notices, and contract language have all been provided for information purposes only, and do not constitute a legal opinion. Care should be taken when drafting such provisions, and it is recommended that an experienced local attorney be consulted for that purpose.
The following materials can be used as templates for remodeling contracts, but consulting with a local attorney is strongly recommended.
- Sample Recordkeeping Checklist
Newly updated, this recordkeeping checklist can be used to document compliance with the lead paint regulation. Please note: older versions of the checklist do not comply with EPA’s lead paint rule as amended.
- Pre-Renovation Notice for Owner Occupied Housing Constructed before 1978
The pre-renovation notice to owner-occupant with acknowledgement that the firm certification, and the certified renovator training certificate have been reviewed. The home owner signs, and the renovating firm retains this form in its records.
Additional Firms and Certified Renovators On Site
This can be a reverse side to the owner-occupied pre-renovation notice. It provides an acknowledgment and record of any additional certified renovators on site, and any additional certified firms (subcontractors).
Sample Move-Out Contract Clause
Sample move-out clause for use in contract with an owner-occupant. This clause gives the renovating firm the right to demand that the owner and all occupants vacate the premises during the lead disturbance and clean-up phases of renovation. Failure to comply can result in a mutual recalculation of compensation, suspension of work, or termination of the contract with damages.
Pre-Renovation Notice for Tenant-Occupied Housing Constructed Before 1978
The pre-renovation notice for tenants. To be signed by the tenant and retained by the renovating firm. The document includes the renovator’s self certification for use when the tenant’s signature acknowledging receipt of the lead hazard pamphlet cannot be secured.
Mailing Option--Delivery of Lead Renovations Pamphlet
The mailing option form for delivery of the lead hazard pamphlet by mail. NOTE: The registered or certified mail receipt must be attached, and the pamphlet must be mailed at least seven days prior to commencing renovation.
Sample Clause for Subcontracts
The subcontractor provides all certification information, and certifies that it will comply with all EPA mandated lead-safe work practices. The general contractor is indemnified in the event that the subcontractor fails to comply.
Lead Paint Disclaimer Clause
Clause that explains the remodeler is not liable for previous lead disturbances or presence.
Lead Paint Certification of Construction Year
Form for home owners to sign certifying that the home was constructed later than 1978 and does not fall under the lead paint regulation.