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News, business tips, podcasts and other information from the American Subcontractors Association. For members-only news and information, visit https://www.asaonline.com/eweb/DynamicPage.aspx?WebCode=asatoday

Video Tutorial - Navigating the New ASA Web Site 01/19/2019

Video Tutorial - Using the New Info Hub 01/19/2019

Video Tutorial - Creating Your Info Hub Account 01/19/2019

Work-In-Progress Reporting 01/08/2019

FASA News Release: Subcontractors Are Learning How to Improve the Change Order Process in New FASA Video-on-Demand 12/17/2018

ASA News Release: American Subcontractors Association Hires New Chief Advocacy Officer 12/14/2018

ASA News Release: American Subcontractors Association Hires New Chief Advocacy Officer ALEXANDRIA, Va.—The American Subcontractors Association, a national trade organization based in the Washington, D.C., area representing construction subcontractors, specialty trade contractors, and suppliers, has named government relations expert Mike Oscar as its Chief Advocacy Officer, effective Dec. 5. Oscar will lead the Association’s government and industry advocacy programs, including federal legislation, government regulations, and industry collaboration and coalitions. Oscar has nearly 20 years of experience in government affairs and 12 years of service on Congressional staff. During his tenure on Capitol Hill, Oscar worked in both Republican and Democratic offices in the U.S. House and Senate, giving him rare institutional knowledge of both chambers and caucuses. His bipartisan experience in Congress has equipped him with a unique set of contacts and networks to access on behalf of ASA. In both public and private practice, Oscar has been deeply involved in key construction subcontractor issues, including prompt payment, the mechanic’s lien law, government procurement, funding for apprenticeship training programs, public-private partnerships, and worker misclassification. His regulatory experience spans multiple federal and state agencies, including the Environmental Protection Agency (lead paint remediation), International Trade Commission (tariff), Occupational Safety and Health Administration (workforce safety and silica and beryllium exposure limits), and the U.S. Department of Labor (bid solicitations, worker misclassification, overtime regulations and National Labor Relations Board rulings), Commerce (economic development), and Agriculture (risk management and international trade). As a representative for a national construction trade association, Oscar successfully spearheaded an effort to secure a U.S. Court of International Trade decision regarding aluminum extrusions for curtainwall units. “The ASA Search Committee, composed of ASA Executive Committee members, conducted an exhaustive, six-month search for the right person to direct the Association’s advocacy initiatives into the future,” said 2018-19 ASA President Courtney Little, president and general counsel, ACE Glass Construction, Little Rock, Ark. “Certainly, Oscar has big shoes to fill, and the ASA Executive Officers and Board of Directors are confident that Oscar and his team will successfully execute our strategic legislative action plan and accomplish our advocacy goals, including cultivating and establishing new industry alliances.” Oscar is managing partner at Gray & Oscar, LLC, a government relations consulting firm with offices in Alexandria, Va., and Philadelphia, Pa. He has represented major construction trade associations in this capacity for over a decade. The team at Gray & Oscar includes government relations experts with broad and extensive background in local, state and federal government, as well as judicial and executive branch and political and non-profit campaign experience. “It’s truly an exciting time for ASA as we chart a new path and look to the future,” said ASA Chief Operating Officer Richard Bright. “We now have an entire team devoted not only to our advocacy and industry initiatives, but also our growing Chapter Network. Oscar and his team will be a tremendous resource and advocacy coach for our 30-plus chapters across the country and will work closely with our chapters to establish and maintain effective grassroots advocacy programs.” Oscar has a successful track-record on implementing ASA priorities at the state level. In Pennsylvania, Oscar was instrumental in developing a bipartisan coalition of lawmakers to implement the state’s prompt pay law, as well as an update to the mechanic’s lien law. The Pennsylvania Prompt Pay law was enacted under divided government with overwhelming bipartisan majorities. In joining ASA, Oscar and his team will: Formulate and execute a strategic legislative action plan for pertinent federal legislation;/li> Determine relevant federal agencies willing to assist with ASA;/li> Garner support of various labor management associations for federal legislation; Organize meetings with appropriate federal legislators and their staff, along with the relevant federal agency staff; Manage and administrate the ASA Attorneys’ Council; Manage the ASA Subcontractors Legal Defense Fund and the Foundation of ASA’s Subcontractors Legal Research Fund; Establish and maintain a grassroots advocacy program to support the ASA chapters; Mentor and coach ASA chapters on understanding and participating in the legislative process; Continue to identify and build the next generation of ASA-member subcontractor advocates; Represent ASA within construction and industry coalitions, along with establishing and leading such coalitions when appropriate; Coordinate and develop an effective advocacy communication campaign for ASA membership; Serve as an advocacy staff liaison to ASA membership, Executive Committee, and Board of Directors. Founded in 1966, ASA promotes the rights and interests of its members by building strength in community through education, advocacy, networking and professional growth. ASA adheres to and promotes quality construction, ethical and equitable business practices, safety in the work environment, and best industry practices. For more information, visit . ### /episode/index/show/public/id/7919504

FASA News Release: Subcontractors Are Learning How to Improve Communications with GCs in New FASA Video-on-Demand 11/14/2018

FASA News Release: FASA Revises Prompt Payment in the 50 States Charting Prompt Payment Laws for Commercial Construction 11/09/2018

FASA News Release: FASA Publishes Anti-Forum Selection Clauses in the 50 States 11/09/2018

FASA News Release: FASA Publishes Anti-Forum Selection Clauses in the 50 States ALEXANDRIA, Va. — Out-of-state general contractors commonly require their subcontractors to sign forum-selection clauses, arguing that it’s more convenient and less expensive for them to resolve disputes in a jurisdiction of their choice. For example, a general contractor headquartered in Alaska may place a forum-selection clause in a contract on a project in Texas stating that “Regardless of the site of the project, the laws of the State of Alaska shall govern in the interpretation of any contract-related issues, and any hearings or dispute resolution meetings shall be held in the State of Alaska.” Such clauses may create an undue hardship for the subcontractor on such a project. The subcontractor may have to comply with laws and regulations with which it is not familiar and be held accountable for failure to comply; the subcontractor may have to bear the expense of travel and litigation in a distant location. Further, the subcontractor may not be able to access witnesses or provide other evidence to support its position in a dispute. Ultimately, the additional burdens of a distant forum can often be prohibitive and effectively deprive a subcontractor of its day in court and/or leverage it to heavily discount, if not abandon, even the most worthy of claims. Many states view forum-selection clauses as against public policy and make them “void and unenforceable.” The Foundation of the American Subcontractors Association has published a comprehensive manual, Anti-Forum Selection Clauses in the 50 States, to help subcontractors understand how forum-selection clauses are treated in the 50 states and the District of Columbia. The ASA-member law firm and ASA general counsel, Kegler, Brown, Hill and Ritter, Columbus, Ohio, prepared the manual, which is available under the “” section in the members-only area of the ASA Web site at no cost to ASA members. To learn more about becoming a member of ASA, visit the section on the ASA Web site. FASA was established in 1987 as a 501(c)(3) tax-exempt entity to support research, education and public awareness. Through its Contractors’ Knowledge Network, FASA is committed to forging and exploring the critical issues shaping subcontractors and specialty trade contractors in the construction industry. FASA provides subcontractors and specialty trade contractors with the tools, techniques, practices, attitude and confidence they need to thrive and excel in the construction industry. ### /episode/index/show/public/id/7504667

FASA News Release: Foundation of ASA Updates Lien & Bond Claims in the 50 States 11/06/2018

FASA News Release: New FASA Video-on-Demand Examines Group Captive Insurance for Construction Companies 10/18/2018

FASA News Release: New FASA Video-on-Demand Examines Group Captive Insurance for Construction Companies ALEXANDRIA, Va.—Construction subcontractors are learning how to take control of their health insurance expenses with a new, complimentary video-on-demand from the Foundation of the American Subcontractors Association. In the video, “Group Captive Insurance for Construction Companies,” presenter Ed Kushlis, Insurance Associates, Rockville, Md., explains how midsize companies in captives can drastically reduce health insurance expenses and workers’ compensation costs, maintain the same level of benefits, and keep the same network. “Captive programs allow you to gain control and capture the full rewards for your best-in-class safety, claims management, and cost containment efforts,” he said. “Join your company with other premier companies to reduce your cost by as much as 50 percent for health insurance and 65 percent for property/casualty insurance.” Kushlis is senior vice president at Insurance Associates, where he serves as the firm’s specialist on captive and alternative risk insurance programs and leads strategic growth initiatives, including sales, recruiting, and acquisitions. He began his career as an insurance industry specialist in the assurance practice at Deloitte. In his 21 years with an international insurance broker, Kushlis had several roles in finance and operations, the last being CEO of the Baltimore office. He then joined the leadership team at a regional diversified financial services firm, helping to triple their revenues over his eight-year tenure. “” (Item #8127) is complimentary for ASA members and nonmembers. This and other on-demand videos are available through FASA’s . FASA was established in 1987 as a 501(c)(3) tax-exempt entity to support research, education and public awareness. Through its Contractors’ Knowledge Network, FASA is committed to forging and exploring the critical issues shaping subcontractors and specialty trade contractors in the construction industry. FASA provides subcontractors and specialty trade contractors with the tools, techniques, practices, attitude and confidence they need to thrive and excel in the construction industry. ### /episode/index/show/public/id/7229735

FASA News Release: Subcontractors Are Learning How to Select the Right Electronic Takeoff Software for Their Business with New Video-on-Demand from FASA 09/12/2018

FASA News Release: Subcontractors Are Learning How to Select the Right Electronic Takeoff Software for Their Business with New Video-on-Demand from FASA ALEXANDRIA, Va.—As any business expands, it eventually reaches a critical point. Processes must be optimized before further growth. For construction subcontractors, handling manual plans is cumbersome and wasteful. Moving to on-screen measurement can dramatically improve productivity in many ways. However, there are so many systems out there in the market—how do you know which one will be the right fit for your business? In a new video-on-demand from the Foundation of the American Subcontractors Association, “Electronic Takeoff Software Solutions,” presenter Justin Hobby, Exactal, explores features and functionality that subcontractors should be looking for in an on-screen measurement system. Hobby also reviews the advantages that moving to electronic takeoff could bring your business. Hobby is a product specialist in the Austin, Texas, office of Exactal. At Exactal, Hobby provides frontline support for U.S.-based clients and plays an important part in developing the product for the U.S. market. Hobby has almost five years of experience in the construction industry, working for companies such as BMC and Spectrum. He also served in the U.S. Army. “” (Item #8126) is $65 for ASA members and $95 nonmembers. This and other on-demand videos are available through FASA’s . FASA was established in 1987 as a 501(c)(3) tax-exempt entity to support research, education and public awareness. Through its Contractors’ Knowledge Network, FASA is committed to forging and exploring the critical issues shaping subcontractors and specialty trade contractors in the construction industry. FASA provides subcontractors and specialty trade contractors with the tools, techniques, practices, attitude and confidence they need to thrive and excel in the construction industry. ### /episode/index/show/public/id/7036964

FASA News Release: Attorney Examines Marijuana Use Laws in New FASA Video-on-Demand 08/14/2018

ASA News Release: ASA Files Amicus Brief in Texas Court Case of Importance for Employers Related to Transportation of Employees to/from Workplace 08/01/2018

ASA News Release: ASA Files Amicus Brief in Texas Court Case of Importance for Employers Related to Transportation of Employees to/from Workplace ALEXANDRIA, Va.—In a “friend-of-the-court” brief filed on July 31, the American Subcontractors Association asks the Supreme Court of Texas to reconsider its underlying decision in a case of importance for all employers who pay employees whose normal duties do not include transportation any amount to transport other employees to and from the workplace. ASA submitted the amicus in support of respondent Amerimex’s motion for rehearing in the case of Steven Painter; Tonya Wright, Individually and as Representative of the Estate of Earl A. Wright, III, Deceased; Virginia Weaver, Individually and as Next Friend of A.A.C., a Minor; and Tabitha R. Rosello, Individually and as Representative of the Estate of Albert Carillo, Deceased, (Petitioners) v. Amerimex Drilling I, Ltd., (Respondent). In the underlying case, Steven Painter, J.C. Burchett, Earl Wright and Albert Carillo were working the night shift for Amerimex Drilling, drilling a well for Sandridge Energy on an oil and gas drilling rig in Pecos County. The prime contract between Sandridge and Amerimex provided that Amerimex was to perform the drilling and provide the drilling crews. Due to some Sandridge restrictions, the bunkhouse for the Amerimex crew was not as close as they normally would have been, located about 30 miles from the remote drilling site. The prime contract provided that the driller for each crew would receive $50 per day for transporting the crew between the bunkhouse and the drilling site. On July 28, 2007, after the Amerimex crew’s shift ended, Burchett, the driller, was driving the crew back to the bunkhouse and on the trip, he fell asleep and the truck carrying the crew rolled over, ejecting all four members, injuring Painter and Burchett and killing Wright and Carillo. Burchett received workers’ compensation for his injuries after the Texas Department of Insurance determined that his injuries were covered because, the department concluded, Burchett “was paid to transport his crew to and from the worksite and the company bunkhouse.” The trial court granted Amerimex’s motion for summary judgment, dismissing the claims because “Amerimex is not vicariously liable for the negligence of JC Burchett.” The Eighth Court of Appeals, El Paso, Texas, denied the appeal. However, in an April 13, 2018, opinion, the Texas Supreme Court reversed and remanded the case to the trial court, relying on workers’ compensation precedent holding that where an employee transports others to and from the place of employment as either part of the contract of employment or for payment by the employer, the work is within the scope of employment for purposes of the coverage and protections of the workers’ compensation statute. Citing that case law, the Texas high court reversed and remanded the lower courts for a determination whether Burchett was acting in the course and scope of his employment at the time of the accident. In the brief, ASA explains that Amerimex is not vicariously liable for the actions of Burchett because even if Burchett was considered to be an employee at the time of the accident, he was outside the course and scope of employment. “An employer will only be held vicariously liable for the actions of its worker if: (1) the worker was an employee; and (2) was acting in the course and scope of employment. Neither requirement is satisfied in this case. If a worker is determined to be an employee, the question is whether the employee was within the course and scope of his employment. Even if Burchett was an employee at the time of the accident, he was not within the course and scope of his employment when driving crew back to the bunkhouse. This Court has stated ‘vicarious liability arises only if the tortious act falls ‘within the scope of employee’s general authority in furtherance of the employer’s business and for the accomplishment of the object for which the employee was hired.’’ Traveling to and from work, even though arguably for the employer’s benefit, has been consistently held to be outside the course and scope of employment.” ASA adds that travel reimbursement does not create an exception to the “coming and going” rule. “The contractual $50 per day Driver’s Bonus paid to the driller of each crew was a travel reimbursement,” ASA writes. “Travel reimbursements create no exception to the ‘coming and going’ rule, which states travel to and from a job location is not within the course and scope of employment. The Driver’s Bonus was to reimburse workers for the costs associated with a remote drill site, similar to the $50 per day Subsistence Bonus that compensated crew for daily expenses and the $50 per day Bottom Hole Bonus available to crew who remained employed from the well’s spud date through its completion.” “The lower courts,” ASA continues, “correctly applied the principle from Pilgrim [Pilgrim v. Fortune Drilling Co., Inc., 653 F.2d 982, 987 (5th Cir. 1981)] that an employer compensating travel does not create an exception to the coming and going rule. Similar to Pilgrim, Amerimex exercised no control and had no right of control over Burchett once he completed his shift. The remote location of the drill site does not affect the coming and going rule, and in fact lends support to the argument that Amerimex is simply trying to reimburse crew members for their added personal costs due to the remote well location. The Court made an unnecessary and incorrect distinction between: (i) a contract requiring Amerimex to hire drivers to provide transportation, and Amerimex deciding to offer that extra work to Burchett; and (ii) the actual contract contemplating that Amerimex would assign the driving task to specific individuals, the drillers.” “While Amerimex had the right to control Burchett regarding his employment as a driller,” ASA writes, “once Burchett’s shift ended and Burchett left the well location, Amerimex no longer exercised control over him. The driving ‘job’ assigned to Burchett was wholly separate and unrelated to Burchett’s employment as a driller. It, therefore, must be analyzed separately to determine whether Amerimex exercised sufficient control over Burchett’s actions as a driver to impose vicarious liability on Amerimex. Even if Burchett was required to drive the crew back to the bunkhouse in the evenings, Amerimex exercised no control over Burchett completing this job. Amerimex had no right of control over the employees after their shift ended. They were not on the payroll and the company did not direct or instruct its employees in any regard as to how they commuted to and from work. Regardless of Plaintiff’s contentions, a travel reimbursement is not being ‘on the payroll’. At most, Burchett was an independent contractor, and an independent contractor’s negligence does not impose liability on an employer for respondeat superior purposes. Brian K. Carroll, Sanderford & Carroll, P.C., prepared the brief for ASA. ASA’s financed the brief. to the SLDF may be made online. Founded in 1966, ASA amplifies the voice of, and leads, trade contractors to improve the business environment for the construction industry and to serve as a steward for the community. The ideals and beliefs of ASA are ethical and equitable business practices, quality construction, a safe and healthy work environment, and integrity and membership diversity. ### /episode/index/show/public/id/6875390

Navigating the ASA Web Site 07/17/2018

FASA Release: Subcontractors and Suppliers Are Learning How to Use Liens and Bond Claims to Protect Their Payment Rights with FASA Video-on-Demand 07/11/2018

FASA Release: Subcontractors and Suppliers Are Learning How to Use Liens and Bond Claims to Protect Their Payment Rights with FASA Video-on-Demand ALEXANDRIA, Va.—Prudent construction subcontractors take advantage of every tool available to them to protect their payment rights. These tools include payment bonds and mechanic’s liens. Bond and lien claims can be powerful weapons, but payment bonds, mechanics’s liens and the laws regarding them can be complex and tricky, and each state’s law is different. One simple misstep can deprive a subcontractor of its lien and/or bond rights. In a new video-on-demand from the Foundation of the American Subcontractors Association, “Lien & Bond Claims,” presenter Timothy J. Woolford, Esq., Woolford Kanfer Law P.C., explains the basics, including what to do, when to do it and what to avoid in order to preserve these potent and valuable weapons to enforce your sacred payment rights. Woolford has a rapidly growing construction law practice, focusing on the representation of contractors, subcontractors, owners, developers and design professionals. He represents construction professionals in all aspects of the construction process, including project planning and approvals, contract creation and negotiation, consultation on day-to-day construction issues, claims preparation and defense and dispute resolution. “” (Item #8122) is $65 for ASA members and $95 nonmembers. This and other on-demand videos are available through FASA’s . FASA was established in 1987 as a 501(c)(3) tax-exempt entity to support research, education and public awareness. Through its Contractors’ Knowledge Network, FASA is committed to forging and exploring the critical issues shaping subcontractors and specialty trade contractors in the construction industry. FASA provides subcontractors and specialty trade contractors with the tools, techniques, practices, attitude and confidence they need to thrive and excel in the construction industry. ### /episode/index/show/public/id/6798526

ASA News Release: DataStreet and ASA Join Forces to Deliver Web-Based T&M Ticket and Change Order Request Solution for Subcontractors 06/26/2018

ASA News Release: DataStreet and ASA Join Forces to Deliver Web-Based T&M Ticket and Change Order Request Solution for Subcontractors ALEXANDRIA, Va.—DataStreet, a creator of project management tools for subcontractors, and the American Subcontractors Association, a national trade association representing subcontractors, specialty trade contractors, and suppliers in the construction industry, have joined forces to provide the latest Time and Material Web-based application especially for construction subcontractors. “At DataStreet, our main goal is to provide useful and effective tools for subcontractors that actually work,” said DataStreet co-founder Bruce Kinghorn, a construction subcontractor for 36 years. “We know that there are plenty of options in the marketplace for project management tools, but they never seem to fit exactly how subs need them to. Built by a team of subcontractors with over 75 years of experience, we pride ourselves on not only providing great tools for subs, but also listening to our customers.” DataStreet’s T&M application eliminates the field paperwork for change order work and gives subcontractors a Web dashboard with real-time access to all of their T&M and Change Order Request information. “We are confident that our app will save subcontractors money by eliminating lost, late or damaged tickets,” Kinghorn continued. “It will eliminate inefficient tracking and documenting protocols and will save subcontractors time by easily processing tickets and change order requests.” The app is Web-based, so subcontractors will have 24/7 access to where their companies stand financially with outstanding change order work and submitted. “Business is hard enough these days,” Kinghorn added. “Our goal is to create practical and efficient tools to minimize subcontractors’ risk and increase their profitability. We feel like the fit with ASA couldn’t be better!” ASA Chief Operating Officer Richard Bright agreed that DataStreet is a natural fit for ASA. “We are pleased to have DataStreet as a national sponsor, but more importantly, we are thrilled to welcome DataStreet to the ASA family as a member through our ASA of Arizona chapter,” Bright said. “DataStreet clearly recognizes the value and benefits of participation in national trade association, where individuals can contribute to a cause greater than themselves.” DataStreet was created by a construction subcontractor with 36 years of ownership and project management experience. The company’s goal and priority is to provide construction management tools that are actually needed and applicable to trades. DataStreet’s Time and Material tracking system eliminates field paperwork for T&M work and allows real-time access to the ticket information via the subcontractor’s online dashboard. To learn more about DataStreet, , visit , or contact DataStreet vice president and co-founder Chris Kinghorn at (490) 270-6789 or [email protected]. Founded in 1966, ASA is a national trade association located in Alexandria, Va. ASA amplifies the voice of, and leads, trade contractors to improve the business environment for the construction industry and to serve as a steward for the community. The ideals and beliefs of ASA are ethical and equitable business practices, quality construction, a safe and healthy work environment, integrity and membership diversity. ASA represents subcontractors, specialty trade contractors and suppliers before all branches (executive, legislative, judicial) and levels (federal, state, local) of government. For more information, visit . ### /episode/index/show/public/id/6747355

FASA News Release: The Future Is Coming Fast! New Technologies Are Poised to Change Construction Industry, Says BIM and IPD Expert in New FASA Video-on-Demand 06/12/2018

ASA News Release: ASA’s 2018-19 Education Webinars Series Helps Construction Subcontractors Improve Their Businesses 06/08/2018

ASA News Release: ASA’s 2018-19 Education Webinars Series Helps Construction Subcontractors Improve Their Businesses ALEXANDRIA, Va.—In today’s fast-paced construction marketplace, prudent subcontractors gain a competitive edge by continually learning strategies to improve their businesses and by taking advantage of opportunities to better understand the ever-changing federal regulations that impact their businesses. The American Subcontractors Association’s 2018-19 Webinar Series, beginning this August, will focus on topics that can help subcontractors stay competitive, avoid or reduce risks, and be more profitable. Topics will include marijuana use laws, electronic takeoff software solutions, group captive insurance, project management communication between general contractors and subcontractors as it relates to the project schedule, improving the change order process, work-in-progress reporting, the best and worst construction legal decisions of 2018, Lean construction, wrap-up insurance, tax planning under the new tax law, human resources basics for small businesses, emerging technologies, and the skilled trades shortage. The registration fee for these business education webinars is $99 for ASA members and $179 for nonmembers. Register online under “Register for an Event” on the ASA Web site at . All ASA webinars will take place from 12:00 p.m. to 1:30 p.m. Eastern time: Aug. 14, 2018—“High Times—Navigating a Drug Free Workplace in Light of Marijuana Use Laws and Restrictions on Post-Accident Testing,” by Philip J. Siegel, Hendrick, Phillips, Salzman & Siegel Sept. 11, 2018—“Electronic Takeoff Software Solutions,” by Justin Hobby, Exactal Oct. 9, 2018—“Group Captive Insurance for Construction Companies,” by Ed Kushlis, Insurance Associates Nov. 13, 2018—“The Soft Side of Scheduling: Improving Communications Between GCs and Subcontractors,” by Steve Groth, Chiaramonte Construction Dec. 11, 2018—“Improving the Change Order Process,” by Ron Churchey, Shapiro & Duncan Jan. 8, 2019—“Work-In-Progress Reporting,” by Stephen Blankenship, Ennis Electric Feb. 12, 2019—“The Best—and Worst—Construction Legal Decisions of 2018,” by Adam Harrison, Harrison Law Group March 19, 2019—“Lean Construction—What Subcontractors Need to Know,” by Lean Construction Institute April 9, 2019—“Avoiding Predatory OCIPs, CCIPs and Builders Risk Insurance Flow-Downs,” by Jonathan Mitz, Ennis Electric May 14, 2019—“Corporate and Individual Tax Planning Under the New Tax Law,” by Thomas B. Bailey, CPA, CVA, Councilor, Buchanan & Mitchell, P.C. June 11, 2019—“ HR Basics—for Small Businesses,” by Jamie Hasty, SESCO Management Consultants July 9, 2019—“ Emerging Technologies—Smart Tools, UAVs and Others—and How They Relate to the Internet of Things,” by Maxim Consulting Group Aug. 13, 2019—“Skilled Trades Shortage,” by Michael Brewer, The Brewer Companies Founded in 1966, ASA amplifies the voice of, and leads, trade contractors to improve the business environment for the construction industry and to serve as a steward for the community. The ideals and beliefs of ASA are ethical and equitable business practices, quality construction, a safe and healthy work environment, and integrity and membership diversity. ### /episode/index/show/public/id/6683059

FASA News Release: Attorney Discusses Change Order Best Practices for Subcontractors in New FASA Video-on-Demand 05/09/2018

ASA News Release: ASA Urges Supreme Court of Ohio to Affirm Appeals Court Decision in Ohio Northern University CGL Insurance Case 04/12/2018

ASA News Release: ASA Urges Supreme Court of Ohio to Affirm Appeals Court Decision in Ohio Northern University CGL Insurance Case ALEXANDRIA, Va.—The American Subcontractors Association, Associated General Contractors of Ohio, and Ohio Contractors Association asked the Supreme Court of Ohio to affirm an appeals court decision in a commercial general liability (CGL) insurance case that otherwise could have tremendous negative ramifications for subcontractors in Ohio and beyond. In an amicus, or “friend-of-the-court,” filed in Ohio Northern University v. Charles Construction Services, Inc., and The Cincinnati Insurance Company, ASA, AGC of Ohio and OCA emphasized that “their members have an interest in seeing that the language in commercial general liability policies be given its plain and ordinary meaning, without resorting to the use of judicial interpretation in attempts to alter that plain meaning.” “It is the custom and practice in the construction industry to rely upon the coverage provided by the plain language of commercial general liability policies for defective workmanship by a subcontractor,” the amici curiae said. In the underlying case, Ohio Northern University contracted in 2008 with Charles Construction Services to build a new luxury hotel and conference center on the ONU campus, and most of the project construction work was performed by subcontractors to Charles Construction. In 2011, after construction was complete, ONU discovered evidence of water intrusion and moisture damage to numerous areas of the building. While remediating the problems, ONU discovered serious structural defects which greatly broadened the scope of the remedial work and required completely removing and replacing the brick and masonry façade. ONU sued Charles Construction, who brought in many of its subcontractors. Charles Construction’s CGL carrier, The Cincinnati Insurance Company, moved for Summary Judgment, citing an earlier case, Westfield Ins. Co. v. Custom Agri Systems, Inc., arguing that Charles Construction’s CGL policy did not provide coverage with respect to any of the damages or claims, and therefore owed no duty to defend and indemnify Charles Construction against ONU’s claims. Cincinnati Insurance grounded its arguments in the Supreme Court of Ohio’s proclamation in Custom Agri that “claims of defective construction or workmanship brought by a property owner are not claims for ‘property damage’ caused by an ‘occurrence’ under a commercial general liability policy.” ONU and Charles Construction countered that Custom Agri was not as broad as Cincinnati Insurance claimed and was distinguishable because the “products-completed operations hazard” portion of Charles Construction’s CGL policy applied and that while the “your work” exclusion would exclude coverage for occurrence damages arising out of work performed by Charles Construction, the “subcontractor exception” to the “your work” exclusion would bring the damages in this case within the scope of coverage, as the damages were due to the allegedly defective work of subcontractors of the primary insured. The trial court agreed with Cincinnati Insurance, finding that Custom Agri specifically applied and not only was there no coverage, the insurer did not even have a duty to defend the claim, because defective construction was not an occurrence under a CGL policy. ONU, claiming the benefits of coverage as an additional insured, and Charles Construction appealed, and the Hancock County Court of Appeals, Third Appellate District, reversed. The appeals court explicitly rejected Cincinnati Insurance’s position that Custom Agri established that “all property damage” regardless of who performed it can as a matter of law never constitute an “occurrence.” Further, the appeals court noted that its decision was consistent with the trend of many other jurisdictions—many of which involved cases in states where ASA has filed “friend-of-the-court” briefs—in addressing disputes with the same question. In the brief, the amici curiae, arguing that Custom Agri should be overruled, told the Ohio high court, “The [Custom Agri] decision was wrongly decided, defies practical workability, and no undue hardship would occur from abandoning the precedent,” adding, “Ultimately, the Custom Agri holding is inconsistent with the law of other states considering identical policies, and it is inconsistent with Ohio law, as the general holding renders superfluous existing coverage in the CGL policy.” The amici curiae concluded, “The primary argument relied upon by [Cincinnati Insurance] is the broad holding in Custom Agri. However … Custom Agri was not fully briefed by adverse parties. A full review of the law interpreting this universal CGL policy shows that Custom Agri was wrongly decided. It also defies practical workability because it is in opposition to the law of numerous other states, and ultimately, would not work a hardship if it were reversed. …The holding in Custom Agri should be completely reversed.” Terry W. Posey Jr. of Thompson Hine, LLP, Miamisburg, Ohio, prepared the brief for ASA, AGC of Ohio, and OCA. ASA’s financed the brief. to the SLDF may be made online. Founded in 1966, ASA amplifies the voice of, and leads, trade contractors to improve the business environment for the construction industry and to serve as a steward for the community. The ideals and beliefs of ASA are ethical and equitable business practices, quality construction, a safe and healthy work environment, and integrity and membership diversity. ### /episode/index/show/public/id/6474138

FASA News Release: Maxim Consulting Group’s Stephane McShane Helps Subcontractors Link Technology to Performance in New FASA Video-on-Demand 03/13/2018

ASA News Release: ASA Members Elect Courtney Little, ACE Glass Construction, Little Rock, Ark., as 2018-19 ASA President 03/06/2018

ASA News Release: ASA Members Elect Courtney Little, ACE Glass Construction, Little Rock, Ark., as 2018-19 ASA President ALEXANDRIA, Va.—Members of the American Subcontractors Association, a national trade organization representing construction subcontractors, specialty trade contractors, and suppliers, elected Courtney Little, ACE Glass Construction, Little Rock, Ark., to serve as the Association’s 2018-19 President. His term will begin on July 1. He will succeed Jeff Banker, Banker Insulation, Chandler, Ariz. ASA members also elected Anthony Brooks, Platinum Drywall, Little Rock, Ark., as Vice President, and Brian Cooper, AROK, Inc., as Secretary/Treasurer. They will join Little in serving a one-year term, from July 1, 2018, through June 30, 2019. Little is president and general counsel of ACE Glass. He earned his degree in business management with a focus on finance from the University of Arkansas in 1995. He was the liaison between inside sales and architectural sales for U.S. Aluminum before returning to ACE in 1997. Little opened the Northwest Arkansas branch for ACE in 1998 before attending the William H. Bowen School of Law, where he earned a Juris Doctor with Honors in 2004. He closed his private practice in 2008 when he purchased ACE and was named president and general counsel. Little currently serves as ASA Vice President. As ASA President, Little will preside at meetings of ASA’s Board of Directors, Executive Committee and the membership of the Association. He also will serve as the principal spokesperson for the Association and appoint the chairs, vice chairs and members of ASA committees and task forces. ASA members elected five individuals to the Board of Directors: Paul Brennan, NAPCO Precast, LLC, San Antonio, Texas; Gloria Hale, Hale Glass, Placentia, Calif.; Scott Holbrook, Crawford & Bangs, Covina, Calif.; Ray Moya, Prime Electric, Inc., Albuquerque, N.M.; and Rusty Plowman, Delta Drywall, Inc., Denver, Colo. These directors will serve a three-year term, from July 1, 2018, through June 30, 2021. In his acceptance speech during the ASA annual meeting on March 2, held in conjunction with ASA’s annual national convention, SUBExcel 2018 in Tempe, Ariz., Little was honored and humbled to have been chosen as the Association’s next president. Through his involvement with ASA on both the chapter and national levels, Little said, he has learned more than he ever expected about leadership. “My time with ASA has been extremely positive for my business and personal growth that has come from the lessons and advice offered by those I have served with,” he said. During his acceptance speech, Little announced ASA would launch a campaign to promote the construction trades in an effort to address the trade shortage facing the industry. “We will help construction trades tell our story and describe what makes the trades so appealing and fulfilling,” he said. “The trades afford young people an opportunity to gain an education, develop a skill, and earn good wages without accumulating any student loan debt.” Founded in 1966, ASA amplifies the voice of, and leads, trade contractors to improve the business environment for the construction industry and to serve as a steward for the community. The ideals and beliefs of ASA are ethical and equitable business practices, quality construction, a safe and healthy work environment, and integrity and membership diversity. ### /episode/index/show/public/id/6336205

ASA News Release: ASA Honors Individuals and Companies in Awards Ceremony During SUBExcel 2018 in Tempe, Ariz. 03/06/2018

ASA News Release: ASA Honors Individuals and Companies in Awards Ceremony During SUBExcel 2018 in Tempe, Ariz. ALEXANDRIA, Va.—The American Subcontractors Association, a national trade organization representing construction subcontractors, specialty trade contractors, and suppliers, honored several individuals and companies during an awards ceremony on March 2 at Rustler’s Rooste in conjunction with SUBExcel 2018 in Tempe, Ariz. SUBExcel is ASA’s annual national convention and is the premier education and networking event for subcontractors, specialty trades, and suppliers. ASA Task Force on Ethics in the Construction Industry Chair Shannon MacArthur, MEMCO, Spring, Texas, and Walter Bazan Jr., Bazan Painting Company, St. Louis, Mo., a member of the task force and an ASA past president, announced the awards recipients. John H. Hampshire Distinguished Lifetime Service Award ASA awarded its highest and most prestigious honor, the John H. Hampshire Distinguished Lifetime Service Award, to Anne Bigane Wilson, Bigane Paving Company, Chicago, Ill. The Hampshire award is presented to an individual for outstanding lifetime contribution to ASA and the subcontracting industry. It is presented to an individual who shares the vision of ASA’s early leaders and dedicates his or her lifetime working to achieve that vision. John H. Hampshire, Inc., is a Baltimore, Md.-based subcontractor that helped found ASA. Outstanding Service Award ASA awarded its Outstanding Service Award to Shannon MacArthur, MEMCO, Spring, Texas, for special recognition of outstanding achievement. ASA President’s Award 2017-18 ASA President Jeff Banker, Banker Insulation, Chandler, Ariz., presented the ASA President’s Award to current ASA Vice President and President-Elect Courtney Little, president and general counsel, ACE Glass Corporation, Little Rock, Ark. The ASA President’s Award is given annually by the current ASA president on a discretionary basis to an individual who has helped the president the most during his or her term. Certificate of Excellence in Ethics ASA presented its national Certificate of Excellence in Ethics to 12 construction subcontractors for achieving “the highest standards of internal and external integrity for a subcontracting firm.” Recipients of the ethics certificate were: ACE Glass Construction Corporation, Little Rock, Ark. Banker Insulation, Chandler, Ariz. Bazan Painting Company, St. Louis, Mo. EyeSite Surveillance, Inc., Chandler, Ariz. Haley-Greer, Inc., Dallas, Texas Holes Incorporated, Houston, Texas Kent Companies, Grand Rapids, Mich. Markham Contracting Company, Inc., Phoenix, Ariz. Shapiro & Duncan, Inc., Rockville, Md. Sorella Group, Inc., Overland Park, Kan. South Valley Drywall, Inc., Littleton, Colo. Western Engineering Contractors, Inc., Loomis, Calif. Applicants of the ethics award are required to respond to questions concerning the firm’s corporate ethics, policies and procedures, its construction practices, and its general business practices. Each applicant is also required to submit detailed documentation, including sealed letters of recommendation from a customer, a competitor, and a supplier. National Construction Best Practices Award ASA presented its National Construction Best Practices Award to Bigane Paving Co., Chicago, Ill., for demonstrating “an extraordinary level of commitment to best industry practices.” General contractors and specialty trade contractors that have signed a contract within the past year directly with a construction owner under which it performs construction services are eligible to apply for ASA’s best practices award. This award honors general contractors and specialty trade contractors for their commitment to such practices as safety management, prompt payment, prompt processing of change requests and claims, and effective project scheduling and coordination. ASA Chapter of the Year (Over 50 Members) ASA presented the Chapter of the Year (Over 50 Members) to ASA of Baltimore. Executive Director Carolyn Panzer accepted the award on behalf of the chapter. The Chapter of the Year is presented to an ASA chapter that exemplifies outstanding achievement in chapter operations and member service. ASA Innovation Award ASA presented its Innovation Award to ASA of New Mexico. Chapter President Marni Goodrich, Yearout Mechanical, Inc., Albuquerque, N.M., and Executive Director Gia Espinoza accepted the award on behalf of the chapter. The Innovation Award recognizes chapters that have developed creative or innovative programs and services during the previous fiscal year. ASA Chapter President of the Year ASA presented its President of the Year to ASA of New Mexico President Marni Goodrich, Yearout Mechanical, Inc., Albuquerque, N.M., for her accomplishments as president in 2016-17. This award honors chapter presidents for superior leadership efforts and service to his or her association. ASA Executive Director of the Year ASA presented the Executive Director of the Year to Jennifer Swinney, executive director, ASA–San Antonio Chapter. This award honors executive directors for outstanding performance in overall association management. Founded in 1966, ASA amplifies the voice of, and leads, trade contractors to improve the business environment for the construction industry and to serve as a steward for the community. The ideals and beliefs of ASA are ethical and equitable business practices, quality construction, a safe and healthy work environment, and integrity and membership diversity. ### /episode/index/show/public/id/6336201

FASA News Release: Attorney Explains How to Get Better Subcontracts in New FASA Video-on-Demand 02/16/2018

FASA News Release: FASA Offers Complimentary Video-on-Demand on Harassment Training 02/07/2018

FASA News Release: Attorney Jay Morris Explains Difference Between Extra Work and Additional Work in New FASA Video-on-Demand 01/23/2018

FASA News Release: Attorney Jay Morris Explains Difference Between Extra Work and Additional Work in New FASA Video-on-Demand ALEXANDRIA, Va.—In the new video-on-demand, “How the Difference Between Extra Work and Additional Work Can Impact Claims for Payment,” available from the Foundation of the American Subcontractors Association, attorney Jay Morris, Galloway Johnson Tompkins Burr & Smith, helps subcontractors identify the difference between extra work and additional work, so that they can better decide on whether to proceed with the work without a change order or not (in order to avoid general breach or delay damages). Failure to do additional work can result in a general breach. Knowing the difference between the two can also help the subcontractor better defined the scope of work (knowing the particular risk of each job), so that the potential additional work can be properly excluded from the scope of work at the time of contracting so that if it must be done, the subcontractor can establish the elements of an equitable claim if not doing the work may hinder its ability to efficiently perform the actual contracted work. Most construction contracts have change order provisions that require a written change order signed by the general contractor (identifying the work and the change in contract price for the additional work) in order for the subcontractor to get paid for doing work beyond the scope of the contract. Sometimes there is disagreement about whether the work is within the contract scope of work or not. Other times, a subcontractor must decide whether the time lost arguing over the change order in advance is worth the delay costs and may decide to do the work in advance of getting the change. When deciding to proceed with work outside the contract scope without a change order, it is important to understand whether the work is “extra” work or “additional” work because the subcontractor will have an equitable claim for the cost of the former if it makes sure to establish certain required elements of the claim. However, if the work is “additional” work, an equitable claim (one outside of contract law based upon equity/fairness) will not lie. Extra work is work that was not contemplated by the contracting parties at the time of the contract and the performance of which is not necessary to fulfill the performance obligations of the subcontractor. Additional work is work which was contemplated by the parties at the time of contracting but which may have been thought or anticipated to be unnecessary to perform the scope of work. “” (Item #8119) is $65 for ASA members and $95 for nonmembers. This and other on-demand videos are available through FASA’s . FASA was established in 1987 as a 501(c)(3) tax-exempt entity to support research, education and public awareness. Through its Contractors’ Knowledge Network, FASA is committed to forging and exploring the critical issues shaping subcontractors and specialty trade contractors in the construction industry. FASA provides subcontractors and specialty trade contractors with the tools, techniques, practices, attitude and confidence they need to thrive and excel in the construction industry. ### /episode/index/show/public/id/6181594

FASA News Release: Attorney Lee Brumitt Examines 'Indemnity and Hold Harmless' in New FASA Video-on-Demand 01/11/2018

FASA News Release: Foundation of ASA Updates Lien & Bond Claims in the 50 States a Manual to Help Subcontractors Identify Their Rights in Each State 01/04/2018

FASA News Release: Foundation of ASA Updates Lien & Bond Claims in the 50 States a Manual to Help Subcontractors Identify Their Rights in Each State ALEXANDRIA, Va.—The Foundation of the American Subcontractors Association has updated its Lien & Bond Claims in the 50 States, a downloadable manual outlining the lien and bond laws in each state and the District Columbia. Construction subcontractors and suppliers rely on mechanic’s lien and payment bonds to assure that they are paid for work performed or materials furnished on construction projects. This manual can help them understand their lien and bond rights in the states in which their companies do business. A mechanic’s lien is a claim against property to secure a debt, such as a debt owed to a construction subcontractor for the value of work performed and materials furnished on a construction project. A payment bond, which is required on most public construction, assures the owner that the prime contractor will pay its subcontractors and suppliers. The FASA manual provides a summary of the basic requirements of each state’s lien and bond laws, including who is covered; critical deadlines for notices, claims and suits; filing procedures; and more. The summary of laws was prepared by Donald W. Gregory, Esq., and Eric B. Travers, Esq., Kegler, Brown, Hill & Ritter, Columbus, Ohio, ASA’s general counsel, with input from attorneys from around the country. (Item #3006) is $55 for ASA members and $80 for nonmembers. FASA was established in 1987 as a 501(c)(3) tax-exempt entity to support research, education and public awareness. Through its Contractors’ Knowledge Network, FASA is committed to forging and exploring the critical issues shaping subcontractors and specialty trade contractors in the construction industry. FASA provides subcontractors and specialty trade contractors with the tools, techniques, practices, attitude and confidence they need to thrive and excel in the construction industry. ### /episode/index/show/public/id/6116018

ASA News Release: Kentucky Supreme Court Agrees with ASA: Construction Owner 'Unjustly Enriched' When Subcontractor Goes Unpaid 12/20/2017

ASA News Release: Kentucky Supreme Court Agrees with ASA: Construction Owner 'Unjustly Enriched' When Subcontractor Goes Unpaid ALEXANDRIA, Va.—The Kentucky Supreme Court on Dec. 14 that a construction owner received substantial benefit in a situation when subcontractors had indisputably performed under the contract and the construction owner had never paid for that work. The ruling is a victory for construction subcontractors and the American Subcontractors Association, which urged the state’s high court to reverse an appeals court decision in the case of Superior Steel, Inc. and Ben Hur Construction Company, Inc. vs. the Ascent at Roebling’s Bridge, LLC, Corporex Development & Construction Management, LLC, Dugan & Meyers Construction Company and Westchester Fire Insurance Company. In its amicus, or “friend-of-the-court” filed on July 18, 2016, ASA urged the Kentucky Supreme Court to overturn an appeals court’s ruling that precluded subcontractors from recovering payment for their extra-contractual work under a “pay-if-paid” contract clause and permitted the project owner to benefit from valuable extra-contractual work provided by subcontractors without payment, known as “unjust enrichment.” In its ruling, the Kentucky Supreme Court agreed with ASA concerning “unjust enrichment,” observing, “[A]ny recipient of a substantial benefit in the form of authorized extra work should not be surprised that payment will be due, eventually….” Thus, the Court affirmed the trial court’s decision that the owner and prime contractor must pay the subcontractors. The Court, however, demurred on ruling that the pay-if-paid clause should not be enforced, saying that issue is better left to the state legislature. Specifically, the Court said, “After considering the various approaches of our sister states, we decline to hold ‘pay-if-paid’ terms are unenforceable as a matter of public policy…. While there are valid reasons for disfavoring ‘pay-if-paid’ provisions, any prohibition against this type of contract clause should come from the legislature rather than this Court.” Thomas R. Yocum of the ASA-member firm Benjamin, Yocum & Heather, LLC, Cincinnati, Ohio, prepared the brief for ASA. ASA’s financed the brief. to the SLDF may be made online. Founded in 1966, ASA amplifies the voice of, and leads, trade contractors to improve the business environment for the construction industry and to serve as a steward for the community. The ideals and beliefs of ASA are ethical and equitable business practices, quality construction, a safe and healthy work environment, and integrity and membership diversity. ### /episode/index/show/public/id/6074570

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