OT: Potentially In Need of a Lawyer? Lead Paint Issue

gef21

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We have a neighborhood problem of a painting company not properly following lead abatement when stripping a house and they created a huge mess. All kinds of organizations involved, but I am wondering if I should retain a lawyer at this point just in case.

Anyone dealt with anything like this, or know anyone, or is one?
 

gef21

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What's the mess? What procedures did they not follow? How close are you to the property in question? Need to know more info to understand why you think you need a lawyer.
There was zero abatement. They shot lead dust paint all over my house, my neighbors house, our yards etc. So we have lead positive tests, and visible material, all over the place.

We are in the process of organizations testing and talking about clean up, but some people have said we will be responsible for bringing out people to test for lead etc. Right now there is a lot of determination for what organization is in charge of making a final call for how bad (or hopefully not bad) a situation it really is.

I want to make sure we are covered financially for whatever cost is about to come.
 
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DJ Spanky

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There was zero abatement. They shot lead dust paint all over my house, my neighbors house, our yards etc. So we have lead positive tests, and visible material, all over the place.

So just to be clear, they didn't enclose the areas they were stripping the paint from, no vacuum and filtration system in place, etc.

Is the NJDEP involved? (I'm assuming you're in NJ, if not than the equivalent organization in your state.)

Were they licensed and insured?

You may want to reach out to your home owner's insurance broker - NOT the insurance company itself unless/until they need to be involved. If you have an independent broker he/she may be able to give you some sound advice.

Do you have a Homeowners Association (HOA)?
 

gef21

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So just to be clear, they didn't enclose the areas they were stripping the paint from, no vacuum and filtration system in place, etc.

Is the NJDEP involved? (I'm assuming you're in NJ, if not than the equivalent organization in your state.)

Were they licensed and insured?

You may want to reach out to your home owner's insurance broker - NOT the insurance company itself unless/until they need to be involved. If you have an independent broker he/she may be able to give you some sound advice.

Do you have a Homeowners Association (HOA)?
Nothing was enclosed, no filtration system. It was such a cloud of debris being blasted around my son thought it was snowing.

NJDEP and EPA (county and state) are involved as well as local health and construction officials.

They are licensed and insured, with a lead cert, but there is some apparent issues with which level of lead certification they have.

Good advice on the insurance broker.

There is no HOA.
 
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RUskoolie

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OP just know you might get people fined tens of thousands of dollars. The EPA goes crazy over this type of thing. I did a training on it and got lead certified. It's almost impossible to follow their guidelines for removing lead paint and still having a business, to the point I told the instructor afterwards I don't think I will work on a house built before 1978 (which would put my construction business out). Someone like you would get the quote to do all the stuff the EPA wants done and laugh them out of the room. Not defending them and lead poisoning is serious but hope you see big picture here.
 
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tom1944

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OP just know you might get people fined tens of thousands of dollars. The EPA goes crazy over this type of thing. I did a training on it and got lead certified. It's almost impossible to follow their guidelines for removing lead paint and still having a business, to the point I told the instructor afterwards I don't think I will work on a house built before 1978 (which would put my construction business out). Someone like you would get the quote to do all the stuff the EPA wants done and laugh them out of the room. Not defending them and lead poisoning is serious but hope you see big picture here.
Isn't the big picture that they spread lead all over the neighborhood?

I believe most people want companies that create environmental hazards to be fined tens of thousands of dollars. It should serve as a deterrent.
 

HPNJRUfan

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Nothing was enclosed, no filtration system. It was such a cloud of debris being blasted around my son thought it was snowing.

NJDEP and EPA (county and state) are involved as well as local health and construction officials.

They are licensed and insured, with a lead cert, but there is some apparent issues with which level of lead certification they have.

Good advice on the insurance broker.

There is no HOA.
Ooph. Used to work construction, still in the industry so to speak but not out in the field any longer. Hope the workers were at least wearing some kind of ventilator. Interested to hear how this turns out.
 

gef21

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OP just know you might get people fined tens of thousands of dollars. The EPA goes crazy over this type of thing. I did a training on it and got lead certified. It's almost impossible to follow their guidelines for removing lead paint and still having a business, to the point I told the instructor afterwards I don't think I will work on a house built before 1978 (which would put my construction business out). Someone like you would get the quote to do all the stuff the EPA wants done and laugh them out of the room. Not defending them and lead poisoning is serious but hope you see big picture here.
I know it's a big thing, but it was easily preventable from the company.

I don't want anyone to lose their livelihood, but I need someone to potentially pay for a huge vegetable garden, native/permaculture garden, they coated a house where a pregnant woman lives, multiple kids are being told to get lead tests etc.

Edit: I am hoping someone comes in and say the PPM is safe, were gonna clean and remove some top soil and everyone is fine. I do not want someone to lose a business, I do not want workers to lose their jobs. I just want stuff cleaned up, and minimal expense to me or anyone else who had their property coated.
 
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gef21

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Ooph. Used to work construction, still in the industry so to speak but not out in the field any longer. Hope the workers were at least wearing some kind of ventilator. Interested to hear how this turns out.
They were not, which I told the owner was a major issue too.
 

PSU_Nut_rivals17625

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I know it's a big thing, but it was easily preventable from the company.

I don't want anyone to lose their livelihood, but I need someone to potentially pay for a huge vegetable garden, native/permaculture garden, they coated a house where a pregnant woman lives, multiple kids are being told to get lead tests etc.

Edit: I am hoping someone comes in and say the PPM is safe, were gonna clean and remove some top soil and everyone is fine. I do not want someone to lose a business, I do not want workers to lose their jobs. I just want stuff cleaned up, and minimal expense to me or anyone else who had their property coated.
A company that irresponsible should lose their business. No one should be worried about it costing the guy his business. The owner clearly has no concern for his employees or your family's health. All he cared about was making money at yours and other's expense.
 

RuSnp

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There was zero abatement. They shot lead dust paint all over my house, my neighbors house, our yards etc. So we have lead positive tests, and visible material, all over the place.

We are in the process of organizations testing and talking about clean up, but some people have said we will be responsible for bringing out people to test for lead etc. Right now there is a lot of determination for what organization is in charge of making a final call for how bad (or hopefully not bad) a situation it really is.

I want to make sure we are covered financially for whatever cost is about to come.
Hopefully they carry significant pollution liability limits/excess that dont exclude lead. Good luck and sorry to hear this.
 
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mdk02

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OP just know you might get people fined tens of thousands of dollars. The EPA goes crazy over this type of thing. I did a training on it and got lead certified. It's almost impossible to follow their guidelines for removing lead paint and still having a business, to the point I told the instructor afterwards I don't think I will work on a house built before 1978 (which would put my construction business out). Someone like you would get the quote to do all the stuff the EPA wants done and laugh them out of the room. Not defending them and lead poisoning is serious but hope you see big picture here.

There is a difference between falling a little short and not doing ****.
 

kupuna133

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They were not, which I told the owner was a major issue too.
I don't know. I just did a project at my house. I didn't smother the contractor but I sure as **** knew what the process and plan was before they did anything. Much less asbestos or lead remediation. Neighbor/homeowner can't claim ignorance.
 
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GORU2014

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OP just know you might get people fined tens of thousands of dollars. The EPA goes crazy over this type of thing. I did a training on it and got lead certified. It's almost impossible to follow their guidelines for removing lead paint and still having a business, to the point I told the instructor afterwards I don't think I will work on a house built before 1978 (which would put my construction business out). Someone like you would get the quote to do all the stuff the EPA wants done and laugh them out of the room. Not defending them and lead poisoning is serious but hope you see big picture here.
Won’t somebody think of the guy who put in too low of a bid and created an environmental hazard for a bunch of neighboring parties (potentially with children) in order to maintain his profit margins?
 

mildone_rivals

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Based on what I've read so far, I would think a consultation with a lawyer might be wise here.

Not to be Captain Obvious, but then the problem becomes how to choose the right lawyer. You want to avoid someone who is just looking to make a quick buck from your situation. A good lawyer will tell you when no lawyer is required, or when nothing more than a letter or two from a law firm is required, etc.

A crappy lawyer will milk your situation for their own profit and not GAF about you.

Both kinds of lawyers out there.
 

RUskoolie

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Isn't the big picture that they spread lead all over the neighborhood?

I believe most people want companies that create environmental hazards to be fined tens of thousands of dollars. It should serve as a deterrent.
Lead dust doesn't work like that man.

I just find it ironic because you guys are the same type wanting Rutgers to discount a $50 football ticket but you're going to pay double for an EPA certified painting firm to come in and follow EPA guidelines to a tee and pay double? No, you're not because no one does it.
 

RUskoolie

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I know it's a big thing, but it was easily preventable from the company.

I don't want anyone to lose their livelihood, but I need someone to potentially pay for a huge vegetable garden, native/permaculture garden, they coated a house where a pregnant woman lives, multiple kids are being told to get lead tests etc.

Edit: I am hoping someone comes in and say the PPM is safe, were gonna clean and remove some top soil and everyone is fine. I do not want someone to lose a business, I do not want workers to lose their jobs. I just want stuff cleaned up, and minimal expense to me or anyone else who had their property coated.
Then go to them like an adult and tell them that. Don't call up some asshat lawyer.
 

RUskoolie

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A company that irresponsible should lose their business. No one should be worried about it costing the guy his business. The owner clearly has no concern for his employees or your family's health. All he cared about was making money at yours and other's expense.
He probably has no clue about EPA guidelines because most low bid contractors don't. None of the subs I use even knew WTH I was talking about after I took the class and some of them do really good work.

So the good news is now everyone in the neighborhood can pay 2-3x the price it costs to do it so you can follow EPA guidelines. That's basically what you're all asking (not saying that shouldn't be done) but can't cry about contractor pricing when you want something like that.

TBH we need more context on what happened.
 

gef21

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Then go to them like an adult and tell them that. Don't call up some asshat lawyer.
I have. But I can't go back in time so they tent the house. There is lead everywhere. All I need to know is what the mitigation process is, and so we can find proper methods to get that done. But I'm not paying a dime because someone cut corners, and if I need a lawyer to make sure of that I will. Ive spent years working on our property to be organic and native friendly, there are also children at risk. It needs to be done properly and safely and at no cost to anyone except the party at fault.
 

RUskoolie

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Won’t somebody think of the guy who put in too low of a bid and created an environmental hazard for a bunch of neighboring parties (potentially with children) in order to maintain his profit margins?
JFC I know I am on the free board but some of you ITT are so damn dense.

Re-read my other replies.
 

RUskoolie

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I have. But I can't go back in time so they tent the house. There is lead everywhere. All I need to know is what the mitigation process is, and so we can find proper methods to get that done. But I'm not paying a dime because someone cut corners, and if I need a lawyer to make sure of that I will. Ive spent years working on our property to be organic and native friendly, there are also children at risk. It needs to be done properly and safely and at no cost to anyone except the party at fault.
Unless your kids are licking the outside of your house they're not at risk. Yes your garden is probably fvcked, so that sucks. Do you live in an HOA? Or is this a small neighborhood with houses close to each other? They have been doing this in multiple homes? We need some context here.
 

gef21

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He probably has no clue about EPA guidelines because most low bid contractors don't. None of the subs I use even knew WTH I was talking about after I took the class and some of them do really good work.

So the good news is now everyone in the neighborhood can pay 2-3x the price it costs to do it so you can follow EPA guidelines. That's basically what you're all asking (not saying that shouldn't be done) but can't cry about contractor pricing when you want something like that.

TBH we need more context on what happened.
They stripped and sanded a house from 1910 which had a layer (or layers) of lead paint. They did not contain during the stripping/sanding and it coated a number of houses and yards in the particulate. At home lead test kits have shown a fairly extensive costing that is still testing positive today. A number of blood tests have now come back hire than previous tests also. The town has now cited them for improperly containing their work and the EPA are involved. That's where we are.

All I want is someone to say what needs to be done so it can get done and I don't feel I should pay for any of it. I don't want a lawyer but I was seeing people's thoughts on if I should get one.
 
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gef21

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Unless your kids are licking the outside of your house they're not at risk. Yes your garden is probably fvcked, so that sucks. Do you live in an HOA? Or is this a small neighborhood with houses close to each other? They have been doing this in multiple homes? We need some context here.
No HOA. We live in a town. Single family homes. Not super close but it's a neighborhood. Not a normal company for our area.
 

RUskoolie

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They stripped and sanded a house from 1910 which had a layer (or layers) of lead paint. They did not contain during the stripping/sanding and it coated a number of houses and yards in the particulate. At home lead test kits have shown a fairly extensive costing that is still testing positive today. A number of blood tests have now come back hire than previous tests also. The town has now cited them for improperly containing their work and the EPA are involved. That's where we are.

All I want is someone to say what needs to be done so it can get done and I don't feel I should pay for any of it. I don't want a lawyer but I was seeing people's thoughts on if I should get one.
If the EPA is involved they are probably going bankrupt. The EPA lives to hang people like that, thats what I am trying to explain ITT. It's easily a $40k fine per occurrence then they will audit the guy on top of it for past occurrences. 40k per occurrence. No offense, but your vegetable garden is the least of that guys concerns. I guarantee he had no idea about lead paint, which is his fault but your neighbor also has some blame to share.

Also the homeowner...who the hell strips paint on a 100 year old house. Just put new siding on it, WTH. Your neighbor sounds cheap AF...maybe a poster on this board?
 

gef21

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If the EPA is involved they are probably going bankrupt. The EPA lives to hang people like that, thats what I am trying to explain ITT. It's easily a $40k fine per occurrence then they will audit the guy on top of it for past occurrences. 40k per occurrence. No offense, but your vegetable garden is the least of that guys concerns. I guarantee he had no idea about lead paint, which is his fault but your neighbor also has some blame to share.

Also the homeowner...who the hell strips paint on a 100 year old house. Just put new siding on it, WTH. Your neighbor sounds cheap AF...maybe a poster on this board?
Cheap? It's more expensive to strip to original wood and repaint it. Unnecessary in my opinion, but not cheap.
 

RUskoolie

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Side note it's going to become a larger and larger problem in the future when an old house needs to be renovated. It's why I don't do anything major unless the house is vacant.

No interest in dealing with these issues. Not a good combo when more and more people are too good to join the trades.
 

koleszar

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I know it's a big thing, but it was easily preventable from the company.

I don't want anyone to lose their livelihood, but I need someone to potentially pay for a huge vegetable garden, native/permaculture garden, they coated a house where a pregnant woman lives, multiple kids are being told to get lead tests etc.

Edit: I am hoping someone comes in and say the PPM is safe, were gonna clean and remove some top soil and everyone is fine. I do not want someone to lose a business, I do not want workers to lose their jobs. I just want stuff cleaned up, and minimal expense to me or anyone else who had their property coated.
Don't worry about anyone losing their business. They should. They underbid the job and took short cuts putting everyone else's lives in danger. Ask yourself, you really think this is the first job they did this way? What about the next job? Are they going to miraculously follow all the rules? I'm in the construction industry and I say, Screw'em.
 

SF88

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With the water under the bridge so to speak, what “damage” has been done? I microscopic bit of paint dust will settle in the lawns and after the first rain the rest will wash away to wherever?
 

gef21

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With the water under the bridge so to speak, what “damage” has been done? I microscopic bit of paint dust will settle in the lawns and after the first rain the rest will wash away to wherever?
That's the big question. What is the ppm and what is an acceptable ppm in the soil. Especially soil that produces a ton of food people eat.

If it's a non factor awesome and move on. My worry is what I'd it's not a non factor.
 

mdk02

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He probably has no clue about EPA guidelines because most low bid contractors don't. None of the subs I use even knew WTH I was talking about after I took the class and some of them do really good work.

So the good news is now everyone in the neighborhood can pay 2-3x the price it costs to do it so you can follow EPA guidelines. That's basically what you're all asking (not saying that shouldn't be done) but can't cry about contractor pricing when you want something like that.

TBH we need more context on what happened.

You set this up like it's either total compliance or not doing jack ****. This guy sounds like he did jack **** which leaves me less than sympathetic.
 

Retired711

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GORU2014

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JFC I know I am on the free board but some of you ITT are so damn dense.

Re-read my other replies.
Guy did shoddy work and may now have to compensate others for it. Others doing shoddy work doesn’t absolve him of wrongdoing, it’s more of a sad commentary on how hard it is to find good contractors (or other skilled labor) now.
 

LETSGORU91_

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I just find it ironic because you guys are the same type wanting Rutgers to discount a $50 football ticket but you're going to pay double for an EPA certified painting firm to come in and follow EPA guidelines to a tee and pay double? No, you're not because no one does it.
You think most here would cut corners and risk endangering themselves, family and neighbors at the expense of saving a few bucks? You are comparing some of the most widespread and hazardous child contaminants to football tickets?


With the water under the bridge so to speak, what “damage” has been done? I microscopic bit of paint dust will settle in the lawns and after the first rain the rest will wash away to wherever?
OP stated it looked like it was snowing. This isnt a few flecks of microscopic dust. A house where a pregnant woman lives was coated, multiple houses affected, a large vegetable garden is contaminated, blood tests are positive and visable material is all over....among others. You aren't getting the gist of the scenario if you think it's an invisible coating and it will merrily wash away with the next rain storm.
 

LETSGORU91_

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So the good news is now everyone in the neighborhood can pay 2-3x the price it costs to do it so you can follow EPA guidelines. That's basically what you're all asking (not saying that shouldn't be done) but can't cry about contractor pricing when you want something like that.
Or let the guy continue his practice and endanger his workers and others in the future? There are regs in place and this dude cut corners at the expense of others. OP is concerned for his health, the health of the family and the pregnant neighbor. The contractor is deserving of whatever comes his way.
 

RUskoolie

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You set this up like it's either total compliance or not doing jack ****. This guy sounds like he did jack **** which leaves me less than sympathetic.
I don't think you understand. Even if you try to be compliant and fail, the EPA still drills a hole in your ***. If as a contractor you try to follow their guidance its almost impossible to win a job when everyone is all about hiring the low bid.
 

RUskoolie

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You think most here would cut corners and risk endangering themselves, family and neighbors at the expense of saving a few bucks? You are comparing some of the most widespread and hazardous child contaminants to football tickets?



OP stated it looked like it was snowing. This isnt a few flecks of microscopic dust. A house where a pregnant woman lives was coated, multiple houses affected, a large vegetable garden is contaminated, blood tests are positive and visable material is all over....among others. You aren't getting the gist of the scenario if you think it's an invisible coating and it will merrily wash away with the next rain storm.
Most people here are cheap. Yes, they would hire the low bid guy. I deal with this a decent amount as a GC. That's my frustration ITT. People want A level service at an F price. It doesn't work that way. As I have said like 5 times ITT. If that neighbor got a bid from an EPA certified contractor who knew how much he had to do to remove all that lead paint safely and properly, the guy would never have hired them. Tens of thousands of dollars that would cost.

You need to lay plastic, wet all the paint, dress all the guys up in PPE. make sure no paint chips go anywhere on the grass, have poles with plastic in place to prevent it from possibly blowing places, vacuum all your material afterwards...the amount of time you would spend just on prep alone its insane...the circus you have to perform to be compliant makes the job dead on arrival. I sat through a 6 hour class on this and decided I wanted no part of it because of the risk involved.

I am all for being safe so I don't want this misconstrued but the EPAs guidelines are putting people out of business in the name of safety. If you opened up a painting business and tried to win business doing this you would go under and quickly.
 

RUskoolie

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Or let the guy continue his practice and endanger his workers and others in the future? There are regs in place and this dude cut corners at the expense of others. OP is concerned for his health, the health of the family and the pregnant neighbor. The contractor is deserving of whatever comes his way.
If it were me I would talk to the guy, get a few things paid for and tell him to go take an EPA certified class and show me proof that he took it. The guy probably had no clue of what lead paint even is.