My question involves a consumer law issue in the State of: Louisiana
We recently hired a licensed and insured contractor to repaint exterior wood windows and doors. Itís an older home built in the 1930s. His employees did not do any prep work to contain the dust being generated from the sanding. Before we could say anything both the 1st and 2nd floors of the house were covered in sanding dust. We had new kitchen cabinets that were waiting to be installed and they too are now covered in dust. We educated ourselves about lead paint after the fact. We asked the contractor had they tested the windows or doors for lead and he said he assumed they did not have lead and we shouldnít worry. We purchased a test kit and both came back positive for lead. I was able to test the dust via an alternative method and confirmed the presence of lead as well roughly at 1.5-2% from the dust I gathered. Of course this number could be higher or lower, but it does confirm lead presence.
We have mentioned to contractor about the the test kits we did and he hasnít really mention anything concerning the dust except that it would be cleaned up. In his quote he mentioned the windows would be covered and prepped. This was never done.
Is there any legal requirement for him remove all the lead tainted dust according EPA standards? What should be our next course of action? As of now I have only paid him 50% to start the work. I do not want to pay him the balance without properly correcting the issue. Any help would be appreciated. The home is currently vacant, but we want to make sure if we rent it out, it is safe to do so.