By: Jim Wilburn, Orlando Construction Inc.
Many of you may remember the heightened awareness about Asbestos that began in the 1980s. As a society, we all became aware of the short- and long-term hazards of Asbestos on our health as painful illnesses arose from this discovery. As we fast-forward to the year 2010, we have become aware of the hazards of Lead Based Paint since its ban for use in residential buildings by the Environmental Protection Agency (EPA) in 1978. Lead Based Paint has proven to be extremely toxic to families and children under 6-years old. The EPA requires that a Certified Renovator oversee renovation and remodeling projects that meet certain criteria. The EPA has established a penalty up to $37,500 per occurrence for construction professionals and homeowners who fail to comply with this rule. The solution is found by hiring a Certified Renovator who follows the proper demolition and cleanup procedures to protect your family and health!
Most homes built prior to 1978 contain Lead in the Paint and Stain/Varnish used on their walls, ceilings, and wood trim throughout the home. Lead has been found to be dangerous to children under the age of six by affecting their learning and physical development. Greater exposure for children is due to frequent hand-mouth contact after touching lead containing materials. Adults are susceptible to low levels of lead, especially those with high blood pressure and pregnant women (by transferring lead to their fetus). Lead contaminates the body by entering through our nose and mouth usually in the form of dust. It reacts much like calcium does as it flows through our blood and finds a place to deposit on our bones. Blood tests can be performed to determine the level of soluble lead in the blood, but not the amount that has collected on our bones. Bone lead contamination requires a much more involved testing procedure to determine accurate levels. The following data shows the EPA’s estimated percentage of homes that likely contain Lead Based Paint products in the United States:
Age of Homes Percentage of Homes Likely to Contain Lead
Before 1940 87%
1940-1960 69%
1960-1978 24%
To respond to the known health issues associated with Lead, the EPA has developed criteria for the demolition, cleanup, and disposal of building materials contaminated with lead. The new EPA Lead Based Paint Renovation, Repair, and Painting Program (RRP) becomes Law on April 22, 2010 and requires that “anyone who is paid to perform work that disturbs paint” be an EPA Certified Renovator, or trained by a Certified Renovator. This applies to all projects that disturb more than six square-feet of interior wall space and more than 20 square-feet of exterior wall space. A Certified Renovator is trained to test for lead, document the findings, and certify and document the cleanup process. EPA Approved Test Kits are NOT available from local retailers since they do not contain the lead calibration device contained in the Approved Kits. Certified Renovators are required to use the EPA Approved Test Kits available from the EPA, thus validating proper calibration of the testing results. The testing procedure is quick by taking a sample of material and applying a solution via a cotton swab, then watching for a chemical reaction to confirm the presence or absence of lead.
If lead is determined to exist in the home, the Certified Renovator will post their Certification onsite and take the appropriate measures to mitigate lead contamination during construction. The isolation and cleanup is not as invasive as one might think. It is fairly simple with the proper training, plastic sheeting, and cleanup supplies. Keep your family and health in good shape by hiring a professional!
More information can be found on the EPA website at: http://www.epa.gov/lead/pubs/renovaterightbrochure.pdf
Orlando Construction Inc. is a 51-year old full service General Construction firm that specializes in Residential and Commercial Remodeling and New Construction. Our principal, Jim Wilburn, is a Certified Green Professional (NAHB), EPA Lead Certified Renovator, and Professional Civil Engineer. Feel free to call our office for any advice or to discuss your dreams at (503) 777-1127.
February 15th, 2010
By: Jim Wilburn, Orlando Construction Inc.
The Construction Industry continues to be challenged by mainstream media reports that often paint a very blurry picture for the homeowner wishing to hire a contractor. You can avoid this blurry vision by completing a few simple steps. Your home is likely to be one of the largest investments you’ll make in your life. Be sure to protect yourself from the contractors that become “Six-o’clock News Cases”!
DO YOUR HOMEWORK! The following is my Top 10 Homework Assignments you must complete with an A+ to protect yourself when hiring a Contractor:
1. Request a detailed Scope of Work to complete the project from more than one Contractor. Pay close attention to the detail…Is a specific product (i.e. toilet) mentioned by manufacturer and model number? Or does it simply say “toilet”? Choose the one that specifically mentions what will be installed in your home.
2. Verify the Contractor is experienced in the work that you wish for them to perform. Ask for client references and check their CCB license to verify they are qualified! It is Against the Law to hire unlicensed workers/contractors to perform work on your house that requires a Contractors License. The fine for such activity will set you back $1,000 per occurrence!
3. Who will pay the bills? Protect yourself by asking the Contractor to provide you with Supplier references. This will ensure they are not using YOUR money to pay bills from a previous project, thus protecting you from the possibility of a lien.
4. Permits! Permits! Permits! Make sure your Contractor gets permits from the local building department for the work being performed. As I wrote last month, most Homeowners Insurance Policies will NOT cover damage due to work performed without a permit that should have been permitted.
5. Make sure there are budget allowances for materials not yet selected; otherwise they will become “extras”. Nobody likes to be surprised by a bill for more money than they were prepared to pay.
6. Develop a Payment Schedule! Contractors need to collect a deposit to purchase materials and cover their start-up costs for your project. Make progress payments at agreed upon milestones in the Scope of Work that is included in your contract. Be sure to hold back a small percentage at the end of the project as a “Final Payment upon Completion”.
7. Get a Warranty in writing! We all like to have peace-of-mind that our purchase comes with a warranty in case anything goes wrong. Contractors are required to offer at least one-year for workmanship and materials. Many manufacturer warranties will last longer and cover the products used in your project.
8. Get a Schedule! You should ask your contractor for a written schedule that shows when the work will be performed with start and completion dates. The last thing you need is someone starting your project, and then leaving for several days with no work being performed.
Establish a means of contacting your Contractor should any issues arise during or after your project is completed. I am often asked, “Do you have a real phone in your office?” The answer is “yes”. Many Six-o’clock News Cases will have disposable cell phones and be unreachable to address your needs. I always offer my home address and personal phone number.
And finally, does your Contractor seem honest and trustworthy? Always ask a friend of relative for a referral. Contractors love referrals because it means they are being recommended by another person wherein trust has already been established. Would you be friends with someone you don’t feel good about? NO!
I hope this list helps you become a Smart Homeowner and enjoy your home improvement project during and after its completion. Be happy about your decision to hire a Contractor!
The Oregon Construction Contractors Board (CCB) provides consumer information on their website at www.oregon.gov/ccb.
Orlando Construction Inc. is a 50-year old full service General Construction firm that specializes in Residential and Commercial Remodeling and New Construction. Our principal, Jim Wilburn, is a Certified Green Professional (NAHB). Feel free to call our office for any advice or to discuss your dreams at (503) 777-1127.
October 15th, 2009
By: Jim Wilburn, Orlando Construction Inc.
While speaking as a guest at an educational meeting for a local Real Estate Investor Group in Portland, I was asked, “Why should I hire a licensed Contractor?” This brought to mind that many homeowners and investors ask this very question. A home is usually the largest investment many people make in their lifetime. Protecting your home against liability and risk is the most important decision you can make for yourself and your family. Providing consumers with information on how to protect your home and hire a licensed Contractor is a priority for the Oregon Construction Contractors Board.
The CCB’s main focus for homeowners is to help them protect their investment and regulate the Construction industry to lessen risk for the public. The CCB requires a licensed Contractor to have active General Liability Insurance, Workers Compensation Insurance, and a Surety Bond. These three items are a key factor to protecting you as a consumer. Here are some reasons the CCB and others warn against hiring an unlicensed Contractor:
- Hiring an unlicensed Contractor exposes a homeowner to paying for damage to someone else’s property and injuries incurred on their property. For example, if your unlicensed Contractor loses grip on a piece of lumber, it falls off your roof, and damages your neighbor’s car. You are responsible for the damage.
- Most Homeowners Insurance Policies specifically exclude claims resulting in damage from hiring an unlicensed Contractor. If you have any insurance claims due to water damage that was caused by an unlicensed Contractor, then your insurance company will not pay to fix the damage.
- A homeowner may be responsible for unpaid worker’s compensation, property damage, and liability incurred while working on your home.
- The Oregon CCB can impose a $1,000 fine to anyone who hires an unlicensed Contractor under Oregon Administrative Rule 812-005-0100 (14) “Knowingly assisting an unlicensed contractor to act in violation of ORS Chapter 701”. Chapter 701 is the statute requiring licensure.
Can you imagine the cost of one claim? The money you think you might save by hiring someone who says they can “do a good job”, but isn’t properly licensed will cost you far more than you can imagine. In some cases, you may lose your home due to the financial burden of Mechanics Liens and Liability Claims.
Many material suppliers (i.e. lumber yard, flooring supplier, etc.) may file a “Right of Intent to File a Lien”. Don’t be alarmed if you receive this notice in the mail. It simply means that if your Contractor doesn’t pay for the material, you as the property owner are ultimately responsible to pay for the material. A Contractor should obtain a lien release from their material supplier upon payment in-full. You can request a copy of this letter for your records.
One thing I always tell my clients is “let me take the risk”! This is my profession and I have the knowledge to mitigate risk for both my clients and my firm. Many of my clients work hard to save money to purchase and remodel their homes and don’t want to put their largest investment and hard work in jeopardy. As a licensed Contractor, our ethical duty is to educate, protect, and provide outstanding craftsmanship and customer service to our clients. These values should be upheld and never be sacrificed to save a penny! You can work with a licensed Contractor to achieve your budget goals through good planning and communication.
I hope this information helps you make informed choices when considering hiring a Contractor. Your dreams can become reality with a little careful planning and screening of licensed Contractors. Remember, you are putting the value of the largest investment of your life in someone else’s hands. Building on-going relationships and asking friends and family for referrals will often yield the best results.
The Oregon Construction Contractors Board (CCB) provides consumer information on their website.
Orlando Construction Inc. is a 50-year old full service General Construction firm that specializes in Residential and Commercial Remodeling and New Construction. Our principal, Jim Wilburn, is a Certified Green Professional (NAHB). Feel free to call our office for any advice or to discuss your dreams at (503) 777-1127.
October 15th, 2009
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