Items of Interest
    & Other Articles

        Current newsletter
Application

       Advertising rates.

for all PDF files

ASA California Meetings For Members:   

October 15, 2009 -San Diego, CA
9:30 am-3:30 pm, Government Relations Committee followed by ASACalif Board of Directors Meeting.  Come the evening before (Wednesday, October 14) and attend the San Diego County ASA Chapter meeting - 4:30 - 7:00 p.m.
Meeting Topic:
 Conflicts in Plans & Specs

Call 888-310-2722 for Details
For meetings in your area contact your local chapter.
Click here for Chapter location and Information.
_________________________

Get a FREE Subscription to California Construction
Fill out and submit their application at
<Click here for link>
_________________________

ASAC Health Plans Pay ASAC and Your Local Chapter!
Act now and Hodges Insurance will provide all your adds and terms and cobra administration for free. Contact Dave Hodges for details.
Call today! 1-800-743-6975
_________________________  

GET A CLUE!

ASA’s Regular Legal Column By Michaelbrent Collings
Your Friendly Neighborhood Shark Bloodsucker Lawyer
Click to read.
Here's your Clue!
"The Contract is more than just that document you sign!"



Contact an AFLAC agent who belongs to ASAC: 
Email Michael McVay
or phone: 707-953-1328
Email Bob Dumas
or phone: 707-578-5078

Click on the item to read the article:

CALIFORNIA APPELLATE COURT HOLDS THAT A CONSTRUCTION MANAGER ON A PRIVATELY OWNED PROJECT DOES NOT NEED A
CONTRACTOR’S LICENSE

ASA and ASA of California argue Construction Contractors should be able to rely on owner plans and specifications.

DON’T LET YOUR PROFITS GET MOTHBALLED WITH THE CONSTRUCTION PROJECT!

AB 1119, The Prompt Pay Bill

 SB 629, ASAC's Retention Cap Bill

IRS Announces 2009 Standard Mileage Rates

AB 2738: New Rules for Wrap Insurance Programs

“Thank You”, NCDCA and URCA, for Government Relations Grants

San Diego Deputy Honored

ASA-PAC Prior Approvals – A Necessary Part of the Program

Scott Holbrook Elected to Board

Actions A Contractor Can Take to Survive Tough Economic Times

Fairness to Subcontractors Contribution

New Rules for Construction Defect Indemnity Clauses  By Daniel McLennon, ASA California Government Relations Chair

Convert your STATE FUND Workers Compensation plan from an individual policy to the ASAC group program and
save 6% Call 888-310-2722 for details. Ask for group #12 ASAC / PDCC Rated “A”

RETIREMENT PLAN:
 ASAC has established a retirement plan in which you as a member can participate.
The retirement plan is custom designed to meet your needs. 401K, Pension, SEP and Defined Benefit Plans are all available.
We offer most major no load funds in our pension and 401k plans. Whether you have an existing retirement plan or are considering establishing a plan, ASAC can help. Please contact our Benefits Administrator David Hodges.
 1-800/743-6975

5% RETENTION CAP PASSES SENATE – MOVES TO ASSEMBLY

 
ASAC AT THE CAPITOL
When SB 629 went before the Senate Judiciary Committee, ASAC Leaders were on hand to testify in support. Pictured are Skip Daum, ASAC Legislative Advocate; Santo Pernicano, ASAC Vice President from AREA WEST FENCE; ASAC President Brian Swisher of WAYNE E. SWISHER CEMENT; ASAC Government Relations Committee Chair Dan McLennon of McLENNON LAW CORP; UNION ROOFING CONTRACTORS ASSOCIATION Executive Vice President Ronald Johnston; and Frank and Michelle Carlson of ALTAMONT LANDSCAPE.
In the second picture are ASAC Executive Director Jordi Grant and ASAC Treasurer Ken Wagner of IOA INSURANCE SERVICES.

5% RETENTION CAP PASSES SENATE – MOVES TO ASSEMBLY
ASAC’s Senate Bill 629, authored by Senator Carol Liu (Dem, Pasadena) passed the full Senate on June 1 on strong bipartisan vote of 31 – 6. The measure caps retentions at 5% in all private projects.

Negotiations with the California Building Industry Association (CBIA) will be followed up on in the Assembly; we are amending the bill to (1) provide for a bond which must be specified in the bid solicitation, (2) eliminate the numerous escrow accounts that would have applied to each subcontractor, and (3) clarify the date of completion language in the bill.

Key to this success were the letters ASAC members timely delivered to their own senators. Members from every chapter pitched in but should remain alert as the bill has yet to pass scrutiny (and continuing opposition) in the Assembly. (UPDATE: SB 629 passed the Assembly Judiciary Committee on June 30 and now proceeds to the Assembly floor for vote there before returning the Senate for concurrence in the amendments made in the Assembly.)

Passage of our bill is particularly noteworthy as most other construction bills either failed to pass or were “held” in the fiscal committees due to anticipated State and local agency costs.

AGC’s AB 396, a “package” bill focused on bond claims but containing several others issues, suffered this fate; ASAC supported AGC’s bill and was working on its prompt pay provisions. The Construction Employers Association’s AB 815 dealing with contractors’ liability for reviewing plans was also held but was just allowed to progress to the Senate on the promise that it would be shelved until the court rules on the issue in a pending case. AB 1523 was also held back; it excludes from fixed price contracts the recent 1% tax hike on building materials imposed by the Legislature a few months ago. Our other bill, AB 1119 which makes consistent various prompt pay code sections, was held in the Assembly because of a perceived conflict with AB 396. Fortunately, CalSMACNA’s 802 which imposes a 5% retention cap on all public works passed this threshold a few weeks ago and awaiting a vote in the Assembly before July ends. And, the major mechanic lien bill, AB 457, has been amended to our satisfaction and is moving forward.

Overriding all this is the State’s budget deficit. Federal injections of money aren’t yet hitting the streets for roadwork and public construction projects. As the Governor said, we must create opportunity out of this crisis.

ASAC is pressing for better cash flow and prompt pay which allows subcontractors to buy materials, retain employees, and stay in business. ASAC Members have a huge stake in this law making process... no, huge responsibility which is easily fulfilled by communicating a few times each year with their Senator and Assembly Member.

Each ASAC member must continue to weigh in when asked.

LETTER WRITERS MAKE THE DIFFERENCE ON SB 629!

The companies listed below wrote letters when they received our Legislative Alerts asking for support of the 5% Retention Cap. Their participation helped push the bill through the Senate Judiciary Committee, off the Senate Floor and through the Assembly Judiciary Committee. Many of them wrote the letter on company letterhead and also had their employees write letters on personal stationery. This is the kind of action we need to succeed!
==Click here to see the full list of companies who wrote letters.==

         FAIRNESS TO SUBCONTRACTORS CONTRIBUTORS: These supporters already came through for ASAC! Thank you to:
 

As you can imagine, running bills in the California Legislature and defending your subcontractor rights is a costly undertaking. ASAC asks that you contribute what you are able to this effort. The 2009 legislative year has begun. Our efforts have begun. Your support is needed now. Please write your check today.   For more information and a CONTRIBUTION FORM Please Click on the link.

IN MEMORIUM  ROGER McINTYRE  June 20, 1930 - April 13, 2009

ASA California President – Two Terms, 2001-2002 & 2002-2003
Roger led the association when the Notice of Completion bill was before the legislature, and he worked tirelessly for that legislation to become law. He believed in doing his part for the industry in which he made his living.

In 1990 he founded THE McINTYRE COMPANY, which furnishes and installs steel decking on structural steel buildings in primarily the Southern California area. Roger was a champion of young people and their health and future. He spent countless hours doing charity work, and he encouraged young adults to enter the construction field where they could make a good living. Donations in his memory can be sent to the Ronald McDonald House Charities and St. Jude Children's Research Hospital.

Beloved Husband, Father and Grandfather, Roger is survived by his wife of 55 years, Doris,
who lives in San Diego.
 

 ASA Champions Academy 2009 – Save the Dates! September 20-22 2009 Arlington VA

Do you want to develop your leadership potential and be part of shaping the future of your local construction community? If so, the ASA Champions Academy 2009 is a must-attend event for you. Scheduled for Sept. 20-22 in Arlington, VA, this year’s Academy will include workshops and hands-on training to help you:

· Develop chapter leadership and management skills.
· Set and achieve strategic and bottom-line chapter goals.
· Successfully advance subcontractor-friendly legislation.

ASA will offer an “early-bird” registration discount to the Academy through Aug. 28, 2009, encompassing the whole education program and most special events. For more information, visit www.asaonline.com or contact ASA at (703) 684-3450, Ext. 1304, or meetings@asa-hq.com.

Attend ASA California Meetings -- They're open to members.
Meetings for 2008 - 2009 will be: April 23, 2009 -- Governors Inn, Sacramento California, July 16, 2009 -- San Diego California

Notes on the ASAC Website Layout:
The American Subcontractors Association of California (ASAC) website is divided into the sections covering ASAC's 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 Member 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.

American Subcontractors Association California Inc. 
 P.O. Box 292867, Sacramento, CA. 95829-2867
Phone: 888-310-2722   Fax: 530-662-2865  Email