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 The FASA Contractors’ Knowledge Depot is your one-stop shop for tools to manage your construction subcontracting business. Members of the American Subcontractors Association receive a discount off the cover price for all titles. Click on link: FASA The Contractors Subcontractors Education Catalog has great resources from the Foundation of ASA, such as live webinars, books, and videos-on-demand, and much more. GET YOURS TODAY!
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 We invite your company to "Get Ready for Success" by participating in the 3rd annual California Subcontractors Legislative Conference Tuesday, April 21, 2015 8:30 a.m. – 4:30 p.m. Sheraton Grand Sacramento Hotel 1230 J Street, Sacramento CA 95814 Your business is welcome to co-host this important event that you and your key employees will want to attend. Subcontractors and suppliers and industry service providers will be gathering at the Sheraton Grand Sacramento Hotel near the Capitol to discuss pending legislation that affects the construction industry. There are issues you will want to learn about and lobby: • SB 474 Clean-Up to Close Loop-Hole GC’s Use to Require 2010 11/85 Additional Insured Coverage for their own Negligence • Change Order Prompt Payment on Public Contracts • Controlled Insurance Programs by Owners (OCIPs) and Contractors (CCIPs) More than 2,000 bills will have been introduced and dozens will deal with payments, liability, remedies, bonds, contract rights and obligations, etc. With three dozen new legislators, the time to make your mark on the issues in 2015 is during this conference when the bills are being amended for committee hearings and voting. Attendees will have the opportunity to visit their own senator and assembly member after learning how to lobby their position on bills affecting the construction industry. Talking points will be provided. This event is the least expensive and most productive way to get your message across. Please join the effort and stand out as a leader in the legislative arena. Given today’s economic realities, two things are obvious: ●We all need to have a say in anything the legislature does regarding construction. ●Combining our resources for this event will help make our lobbying successful. Planning and marketing the event is a joint effort among the hosting organizations/companies. They will determine the day’s program, their logo will appear on the conference materials, and their identity and issues will be presented to legislators and key capitol staff. Should you wish to participate as an event sponsor, please contact our Executive Director, Jordi Grant, using the information provided below. AMERICAN SUBCONTRACTORS ASSOCIATION CALIFORNIA INC. TOLL-FREE: 888-310-ASAC (2722) FAX: 530-662-2865 asac@asacalif.com To Register and pay, go to www.CaSubLegConf.org asac@asacalif.com (Updated February 26, 2015) Construction Industry Round Table: Update For the 8th year in a row construction industry lobbyists gathered in an informal setting to discuss legislative bills that they hope to introduce in 2015. Attending were representatives for general contractors, landscapers, developers, signatory contractors, specialty contractors, roofers, electricians, both union and merit companies, and ASAC's Governmental Relations Committee Chairman, Dan McLennon, Esq., ASAC's General Counsel, Scott Holbrook, Esq., and ASAC's Legislative Advocate, Skip Daum. Bills that we anticipate seeing include: change orders, PCO's, invoicing and payments stormwater pollution prevention design plans to be the public owner's responsibility bonds in lieu of cash deposit for prevailing wage claims additional insured policies (Senate Bill 474 clean up) excavation and dig alerts recent license fee increase highway funding source curtailing the underground economy prequalifications More than 350 bills have already been introduced but about half of them are considered "spot bills" meaning they have no substantive provisions in them... YET. Most will be significantly amended in April as hearings approach. ASAC is monitoring another 2,000 bills that will emerge from the Capitol before March 1 and its Government Relations Committee will be reviewing the important ones. Be sure to attend a local ASA Chapter meeting in your area as well as register for the upcoming "California Subcontractors Legislative Conference" on April 21 when you'll be briefed on the hottest bills and then lobby YOUR Senator and Assembly Member. It's a great day for Subcontractors to be heard! Go here for details: www.CaSubLegConf.org Go here for a printable flier: Legislative Conference 2015 (Updated February 12, 2015) California Court Undermines Mechanic Lien Protection of State Constitution Article Provided By ASAC Legal Counsel E. Scott Holbrook, Jr. Crawford & Bangs, LLP SHolbrook@BuildersLaw.com www.BuildersLaw.com Direct Dial 626.858.4207 I recently wrote that ASA and ASAC submitted to the California Supreme Court a request that the California Supreme Court review a California Court of Appeals ruling in Moorefield Construction v. Intervest-Mortgage Investment Company regarding the right to subordinate lien rights of contractors by contract. This case impairs the California Constitutional Right to Mechanics Liens in the California Constitution Article 14, Section 3 which states: Mechanics, persons furnishing materials, artisans, and laborers of every class, shall have a lien upon the property upon which they have bestowed labor or furnished material for the value of such labor done and material furnished; and the Legislature shall provide, by law, for the speedy and efficient enforcement of such liens. Unfortunately the California Supreme has denied review of Moorefield Construction v. Intervest-Mortgage Investment Company. This case allows a general contractor, by contract, to subrogate its mechanics lien rights (i.e., even though construction began before a loan was put in place to give a general contractor's lien priority over a lender's trust deed, the court allowed the general contractor to agree in a contract to go behind the lender in priority- subordinate its lien right to the lender's trust deed). Accordingly, the California Courts have undermined the protection of the current Civil Code Section 8122 which did not allow impairment of mechanics lien rights other than through the prescribed statutory release forms. As a result contractors will have to be aware of clauses in subcontracts (and general contracts) that allow mechanics lien rights to be subordinated to lenders or others in the course of construction. The concern is that subordination clauses will become common place in future construction contracts which will greatly impair the payment security guaranteed in the California Constitution. (Updated February 12, 2015) New Construction Laws for 2015 Over 4200 bills were introduced by the California Legislature in the 2013-2014 session. Below are summaries of some of the more important bills affecting contractors in their roles as contractors, effective January 1, 2015 unless otherwise noted. Each of the summaries are brief, focusing on the gist of the bill, while most of the bills have additional provisions that are not mentioned. Links are provided to the full text of each of the bills for those wanting to know in detail the provisions of the new law. Lastly, reference is made to failed bills that are likely to be revisited next session. Many other bills will impact contractors in other roles, such as being businesses, taxpayers, and employers. For changes in the laws affecting employers in 2015, please visit the Employment Law Notes page of the McLennon Law Corp. website. This article was provided by Daniel F. McLennon of McLennon Law Corp. (MLC) Dan is the Chairman of the ASAC Government Relations Committee and a member of both the ASAC and Bay Area Chapter ASA Boards of Directors. Special thanks to ASAC Legislative Advocate Skip Daum of Capitol Communications Group for his assistance in sifting through and summarizing bills. Click Here for a List of the New Construction Laws for 2015 (Updated February 12, 2015)  CLICK HERE TO REGISTER! Registration Early-Bird Deadline to Register: March 2, 2015 Register Securely Online Printable Registration Form Hotel Reservations Make Your Reservations Online. Or, call 1 (877) 901-6632 and identify yourself as a member of the American Subcontractors Association 2015 $169 single/double. Cutoff date for room block is on or before 5:00 p.m. ET on March 2, 2015 Education Keynote Speaker Monroe Porter: Opening General Session: Confessions of an Industry Consultant - Industry Changes and What You Have to Do to Prosper Workshop: How to Find, Train and Motivate Employees Workshop: How to Sell and Negotiate Jobs Gregg Schoppman, Principal, FMI: Workshop: Building Your Backlog - Regardless of Market Conditions Workshop: Leveraging Your Competitive Advantage by Improving Productivity Workshop: Elements of Cash Flow Management and Getting Paid Turning Your Project Managers into Business Managers Workshop: Key Principles in Building an Enduring Organization ASA Chief Advocacy Officer E. Colette Nelson: Workshop: Changing the Business Environment for Subcontractors: The Missing Element Scott Wolfe Jr., CEO, zlien: General Session: Is Your Computer Smarter than You? (Updated February 12, 2015) ASA OF CALIFORNIA MEETINGS Open to all ASA Members ASAC Government Relations Committee (GRC) ASAC Board of Directors: Your opportunity to provide input to ASAC Legislative movements. April 20, 2015 - Sacramento CA 2:00 - 5:00 followed by Dinner at Chops! Contact Executive Director Jordi Grant to get involved! 1-888-310-2722 asac@asacalif.com (Updated February 12, 2015) ASAC Appreciates YOUR Help! Once again as we work in a very active legislative session, ASAC leaders anticipate your doing your part, helping our Subcontractor community when we ask for your letters and phone calls. Remember -- We only ask when we truly believe your efforts will be influential in determining the direction a bill or movement heads. Those efforts do make a difference! There's strength in numbers!!!!!
Notes on the ASAC Website Layout: The American Subcontractors Association of California (ASAC) website is divided into the sections covering ASAC strengths as an association. We have our Legislative Advocacy program tracking and developing the new construction laws in Sacramento. The ASAC, also, is very fortunate to have a Judicial Advocacy program run by the finest construction attorneys up and down California to follow and try the latest construction cases in California's courts. And, lastly, ASAC has an expanding Benefits program from insurance offerings, to the website which has been developed to help keep subcontractors and suppliers informed of the latest construction issues affecting their daily business. |
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