To the Editor,

Most homeowners assume that if a contractor damages their property they will not have to pay for the harm done. In Minnesota, that is not the case. A contractor can demand payment even when their work causes serious damage, and they can use mechanics lien laws to foreclose on a homeowner’s property for non-payment.

I know this firsthand. More than two years ago, Clear Choice Restoration (CCR) allegedly failed to follow proper lead containment procedures, contaminating my yard with toxic lead paint chips. Lead exposure can cause permanent neurological damage, developmental delays, and cognitive impairment—especially in children. Once contamination occurs, a homeowner is legally responsible for it forever.

CCR knew before starting work that my home, built in 1947, had lead-based paint, yet they did not have insurance coverage for lead-related contamination—a fact I only learned after the damage was done. I have spent nearly $25,000 in cleanup costs and thousands more in legal fees. Instead of reimbursing me for remediation, CCR is now trying to foreclose on my home.

Minnesota’s laws need to change. The state should:

  • Require contractors working on hazardous materials to carry insurance for contamination-related damages.
  • Prohibit contractors from foreclosing on a home if their work results in environmental contamination.
  • Mandate full disclosure of insurance exclusions before any contract is signed.

I never imagined that hiring a contractor could lead to years of legal battles, financial strain, and the threat of losing my home. If this can happen to me, it can happen to any homeowner. Minnesota lawmakers must act to protect homeowners from these legal loopholes.

For more details, visit clearchoicerestoration.org.

Dale Lotts

St. Paul, MN

Long Version

More than two years after a contractor allegedly contaminated my property with lead paint, I am still fighting for compensation—and now the contractor is using the legal system to try to foreclose on my home for non-payment.

I have spent thousands in attorney fees and nearly $25,000 in cleanup costs after Clear Choice Restoration (CCR) allegedly failed to follow proper lead containment procedures, contaminating my property. Despite knowing in advance that my home—built in 1947—had original lead-based painted siding, CCR did not have insurance coverage for lead-related contamination. I only found this out after the damage had already been done.

Now, instead of reimbursing me for the cleanup, CCR is using Minnesota’s mechanics lien laws to try to take my home.

How the Law Lets Contractors Use the Courts Against Homeowners

Minnesota’s mechanics lien laws allow contractors to demand payment even when their work leaves the home hazardous to the occupants and community. In cases like mine, the law goes even further—it allows a contractor to use the courts to foreclose on a homeowner’s property for non-payment, even if the contractor caused the damage.

  • A contractor can contaminate your home and still demand payment.
  • If you refuse to pay, they can sue to take your home.
  • Even if you win in court, you could still be out thousands in legal fees.

This is not theoretical—CCR is actively trying to foreclose on my home right now.

Lead Poisoning Is Permanent—and Liability Lasts Forever

The health risks of lead exposure are severe. Lead exposure—especially from lead dust or paint chips—can cause permanent neurological damage, developmental delays, and cognitive impairment, particularly in children. Even small amounts of lead are toxic, and exposure is irreversible.

Because lead contamination remains in soil and home surfaces indefinitely, a homeowner is legally responsible for the hazard on their property—even if it was caused by someone else.

  • If a child is poisoned from lead exposure on the property—even years later—the homeowner could be sued.
  • If I sell my home without fully remediating the contamination, future homeowners could be held liable for the lead hazard.

Neither the state of Minnesota nor the EPA requires contractors to carry insurance for lead-related damages. Homeowners are left to deal with the financial burden, the legal liability, and the permanent risks—all caused by a contractor’s actions.

Homeowners Deserve Protection from This Legal Nightmare

I believe Minnesota lawmakers need to act to:

  1. Require contractors working on hazardous materials to carry insurance for contamination-related losses.
  2. Amend mechanics lien laws so that contractors cannot demand payment—or foreclose on a homeowner’s property—if their work causes environmental contamination.
  3. Require full disclosure of insurance coverage limitations before any contract is signed.
  4. Hold regulatory agencies accountable so homeowners are not left in the dark after filing a complaint. The EPA should enforce contractor accountability and ensure homeowners are reimbursed for contamination cleanup.

If This Can Happen to Me, It Can Happen to Any Homeowner

Homeowners must be proactive. Before hiring a contractor, demand proof of insurance and require them to disclose any exclusions in their coverage. Get it in writing and never pay in full until the work is properly completed.

I never imagined that hiring a contractor would lead to years of legal battles, financial strain, and a fight to keep my own home. But unless the law changes, this will happen to more homeowners in Minnesota.

For anyone wanting to follow this case or learn more, send me a message.

Dale Lotts

St. Paul, MN