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ASA California Meetings For Members:   
Meetings for 2010 will be:
January 21, 2010 -- Sacramento
March 18, 2010 – Sacramento
Day at the Capitol – April 21, 2010 – Sacramento California


For meetings in your area contact your local chapter.
Click here for Chapter location and Information.
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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
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GET A CLUE!

ASA’s Regular Legal Column By Michaelbrent Collings
Your Friendly Neighborhood Shark Bloodsucker Lawyer
Click to read.
Here's your Clue!


"Make sure your change order is a change order!"


The Blue Book

 

Click on the item to read the article:

NEW TEN-YEAR STATUTE OF LIMITATIONS ON CONSTRUCTION DEFECT ACTIONS By Sam K. Abdulaziz, Abdulaziz, Grossbart & Rudman

CONSTRUCTION CHANGE DIRECTIVES

AN OVERVIEW OF THE ADDITIONAL LEGAL EXPOSURE A CONTRACTOR MAY ENCOUNTER IN CONSTRUCTING A GREEN BUILDING

HOW TO EXTEND THE LIFE OF A MECHANICS’ LIEN

CALIFORNIA APPELLATE COURT HOLDS THAT A GENERAL CONTRACTOR IS RESPONSIBLE FOR PAYING ITS UNLICENSED SUBCONTRACTORS EMPLOYEES WAGES

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 Economi

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


2009 ... That Was the Year That Wasn’t

We all recognize and perhaps feel the pain of this last year. It was a lousy year indeed.
That goes for the Legislature as well. Our AB 1119 on prompt pay was held in committee, SB 802 capping retentions at 5% in public works was vetoed, and no major advances came forward to help the construction industry, particularly subcontractors. At least the CA Air Resources Board just delayed the diesel regulations due to the bad economy and the impossibility for many companies to change out or modify their old engines. 

So, it’s only going to get better in 2010. It’s the second half of this legislative session and bills will be introduced before February ends. I expect to see our SB 629 which caps retention in all private works move ahead, as well as our AB 1119. I also expect to see bills which revamp all the mechanic lien laws, as well as lis pendens actions, stop notice procedures and challenges, and maybe a bill on ... well, who knows... we call ‘em as we see ‘em introduced.

And, we know that WRAP insurance is in the legislative crosshairs. We know that it’s inadequate in terms of coverage and is not cost-effective. I think it’s a sham that we’re ‘forced’ to carry. Kinda like the bank and lenders’ scheme foisted on home buyers in the last 5 years. “Gotta have it! Just don’t read the fine print.”

So, we come to the government to help us... or bail us out... uhhh, yeah well, we really do! In fact, during Republican administrations more legislation along these lines has been passed than during Democratic administrations.

2010 is also an election year, so don’t expect miracles since legislators don’t want to alienate major lobbying groups. Plus, we now have a new Assembly Speaker which means committee chairs may change; that effects what we do and how we do it here in the capitol.

So, here’s an opening you can pass through to help out. See your Assembly Member and Senator in his/her district office. Let them see your pain. Tell them to represent you in order to help rebuild California. Several of you have already done so, using the hand outs we provided. Contact Jordi for a packet: 888-310-2722 OR asac@asacalif.com

On January 7 ASAC is convening another Construction Industry Round Table where various industry lobbyists and association leaders reveal and discuss what measures they intend to pursue. It’s a proactive, professional and informal gathering aimed at collaboration. I hope it sets the tone for the year

 

 

Skip Daum Legislative Advocate -- American Subcontractors Association of California Sacramento, CA (916) 791- 6613




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

GOLD OTHERS
American Fence Association - California Chapter Ahlborn Fence & Steel Inc.
Columbia Steel Inc. Collins Electrical Company
Drywall Information Trust Fund Diversified Window Coverings Inc.
NCPFC/NCGMA Industrial Masonry Inc.
Pavement Recycling Systems Inc. Kamine Collings & Phelps
San Joaquin Steel Company Inc. Lawson Mechanical Contractors Inc.
Sierra Woodworking Inc. Performance Contracting Inc.
Strocal Inc. & Long Properties R B Construction Inc.
BRONZE South Coast Industrial Door Inc.
American Sheet Metal  
Area West Fence Company Inc.  
Audio Associates of San Diego  
Case Pacific Company  
Caston Plastering & Drywall Inc.  
Montgomery Hardware  
North Bay Drywall & Plastering Inc.  
River City Glass Inc.  
RPW/United Agencies  
Sierra Lathing Company Inc.  
Washington Iron Works  

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.


NEW     MECHANIC’S LIEN FORM TO CHANGE EFFECTIVE JANUARY 2011

On behalf of various subcontractor associations and groups, the Law Offices of Abdulaziz, Grossbart & Rudman have been participating in the law-making process, both before the Legislature and the California Law Revision Commission, concerning certain overhauls of the mechanic’s liens laws. While the California Law Revision Commission had been working on a global change to all of the mechanic’s lien, stop notice, and payment bond statutes, there have been some interim changes that have been enacted into law.  To read the full article, GO HERE!

By
Bruce D. Rudman, Abdulaziz, Grossbart & Rudman
Bruce D. Rudman can be reached at Abdulaziz, Grossbart & Rudman, P.O. Box 15458, North Hollywood, CA 91615-5458; (818) 760-2000, Facsimile (818) 760-3908; or by E-Mail at info@agrlaw.net  On the Internet, visit our Website at www.agrlaw.net


NEW     THE EPA’S NEW LEAD RENOVATION, REPAIR AND PAINTING RULE  By Santiago Concepcion National Econ Corporation

On April 22, 2010, a new federal regulation will be completely implemented. I’m talking specifically about the U.S. Environmental Protection Agency’s Lead Renovation, Repair & Painting rule (40 CFR 745). One shouldn’t be fooled by the “generic” title of this regulation because it covers more than just renovation, repair & painting. The new rule applies to every trade where lead based paint is disturbed. Carpenters, plumbers, wall covering contractors, electrical contractors, finish carpentry contractors, insulation contractors, tile & terrazzo contractors, glass and glazing contractors, handymen and many other
trades, must comply with these new requirements. As a certified lead professional, I know that lead exposure can be caused by almost any disturbance of lead based paint, not just renovation, repair or painting. Even the most basic, seemingly benign disturbances of lead painted or glazed surfaces can
cause lead exposures if the conditions are right.
Click here to read this article 


NEW  IMPROPER POST-AWARD CONTRACT PRICE NEGOTIATIONS UNDER THREAT OF “TERMINATION FOR CONVENIENCE” By Daniel F. McLennon McLennon Law Corp.

(PART 1, PRIVATE WORKS)
In this tough economic climate, with contractors vying for the little construction work available and driving down construction costs, owners have been tempted to threaten “termination for convenience” to force contractors to “renegotiate” the contract price after the contract has been entered, and even after construction has started. Some owners have succumbed to this temptation and extracted price concessions from contractors. Is this practice legal in California, or does it expose the owner (or general contractor who obtains concessions from subcontractors) to liability for damages?
......Click here to read more.


NEW   REFERRAL FEE$$$$$$$$$$ By Sam K. Abdulaziz, Abdulaziz, Grossbart & Rudman

Harry Moos, Executive Vice President of Plumbing Heating and Cooling Contractors of California, (PHCC) contacted me concerning referral fees and the concerns of other contractors. We are told that legitimate contractors are being bombarded by others as a result of perceived illegal actions.

Business and Professions Code Section 7157 deals with compensation or reward for referral sales. It also sets out some exceptions. The following is a shortened statement of the law:
Except as otherwise provided in subdivision (b), inducing something or someone to induce another to enter into any home improvement contract, or other contract, which may be performed by a contractor, no person may promise or offer to pay, credit, or allow to any owner, compensation or reward for the procurement or placing of home improvement business with others.

A contractor or his or her agent or salesperson may give tangible items to prospective customers for advertising or sales promotion purposes where the gift is not conditioned upon obtaining a contract for home improvement work if the gift does not exceed a value of five dollars ($5) and only one such gift is given in connection with any one transaction.

No salesperson or contractor’s agent may accept any compensation of any kind, for or on account of a home improvement transaction, or any other transaction involving a work of improvement, from any person other than the contractor whom he or she represents with respect to the transaction, nor shall the salesperson or agent make any payment to any person other than his or her employer on account of the sales transaction.

No contractor shall pay, credit, or allow any consideration or compensation of any kind to any other contractor or salesperson other than a licensee for or on account of the performance of any work of improvement or services, including, but not limited to, home improvement work or services, except: (1) where the person to or from whom the consideration is to be paid is not subject to or is exempted from the licensing requirements of this chapter, or (2) where
the transaction is not subject to the requirements of the chapter.

Commission of any such act is a misdemeanor and constitutes a cause for disciplinary action.

Attorney Sam Abdulaziz of Abdulaziz, Grossbart & Rudman can be reached at Abdulaziz, Grossbart & Rudman, P.O. Box 15458, North Hollywood, CA 91615-5458; (818) 760-2000, Facsimile (818) 760-3908; or by E-Mail at info@agrlaw.net  On the Internet, visit our Website at www.agrlaw.net


SAVE THE DATE:
ASA BUSINESS FORUM AND CONVENTION 2010 IN SAN DIEGO, CALIFORNIA


The ASA Business Forum & Convention 2010 will take place March 4-6, 2010, at the San Diego Marriott La Jolla in San Diego, Calif. This annual event will offer dozens of education sessions, multiple networking opportunities and FASA’s annual golf outing. Register by Feb. 2 and ASA will discount your registration fees to $775 for members and $950 for non-members. ASA members will pay $875 and non-members will pay $1,050 for registrations received after Feb.
2. As an added bonus, receive a $75 discount for each additional person who registers from your company. Space is limited and will fill quickly. ASA convention participants will also receive a special hotel rate of $179 per night by making reservations before Feb. 2. Call (888) 236-2427 and mention ASA to take advantage of the reduced room block rate. To access a printable registration form, click “Register for a Meeting” on the ASA home page (www.asaonline.com), or call ASA at (703) 684-3450, Ext. 1304.

 
Attend ASA California Meetings -- They're open to members.
                                                                Meetings for 2010 will be:
 

January 21, 2010 -- Sacramento California
9:30-3:30pm Governors Inn Hotel, Sacramento, CA.
March 18, 2010 – Sacramento California
Day at the Capitol – April 21, 2010 – Sacramento California Call 888-310-2722 for Details. 

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