Operational

Transactional Documentation. The Firm is a leading provider of custom home improvement documentation for all 50 states. Our goal is to create documents which not only fully comply with applicable state and federal law, but unlike typical materials, increase ease of use in the home by the contractor, reduce paperwork errors and decrease liability.

Federal and State Contractor Compliance. We advise on all applicable compliance issues, including drafting and revising advertising, promotional give-aways, sweepstakes, sales limitations, counseling on rescission issues, fair pricing, negotiated pricing, telemarketing scripts, internet privacy, concerts and sweepstakes, etc. We supply compliance advice, script reviews, policies, procedures and necessary postings required for consumer protection under federal and state telemarketing laws (Do-Not-Call Listings), as well as related laws such as the Equal Credit Opportunity Act.

Internal Documentation. We review and create employee handbooks, employee contracts, subcontractor agreements, installer agreements, canvasser policies, sales representative Form 1099-based contracts, etc., all with an eye toward liability protection, and, for Form 1099-based workers, audit protection. Tax audits, sexual harassment claims, discrimination claims, unpaid commission claims, these are all becoming more and more prevalent in the industry. Proper documentation can substantially reduce liability exposure and the risk of runaway jury verdicts.

Internal Memorandum and Liability Protection. We are often asked to review and revise internal memoranda to contractors to ensure that the proposed language protects the contractor as best possible from future liability issues. This is an area that should not be ignored, because in the event of litigation, internal company memoranda are likely to have to be produced in court.