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Attend ASA CALIFORNIA MEETINGS
-They are open to members:
Upcoming in 2010:
July 15, 2010 -- Teleconferences
GRC at 9:30 -- Board at 1:00
October 15, 2010 -- Ontario California
Come in the evening of the 14th and attend the
LA-Orange County-Inland Empire Chapter Awards Banquet
For meetings in your area contact your local chapter.
Click here for Chapter
location and Information.
_________________________
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!
"Be careful what you call yourself!"
Click on the item to read
the article:
A 2010 Summary of New California Laws That May Impact
the Construction Industry by William C. Last, Jr.,
Attorney at Law.
I Forgot To File a Legal Action to Foreclose On
My Mechanics Lien Within 90 days: Now What? Or My
Contractor Recorded a Mechanic's Lien and didn’t File
A Timely Lawsuit to Foreclose On It: Now What? By
William C Last, Jr., Attorney at Law
Indemnification Language
Versus The Additional Insured Endorsement
By Bryan K. Lang, Attorney at Crawford & Bangs, LLP
Another year, another
new requirement, by Bryan K. Lang, Attorney at Crawford
& Bands, LLP.
Ten
Tips for construction creditors, by William L. Porter,
Attorney at Law, Porter Law Group, Inc.
IMPROPER
POST-AWARD CONTRACT PRICE NEGOTIATIONS UNDER THREAT OF
“TERMINATION FOR CONVENIENCE” By Daniel F. McLennon
McLennon Law Corp.
REFERRAL FEE$$$$$$$$$$ By Sam K. Abdulaziz,
Abdulaziz, Grossbart & Rudman
MECHANIC'S LIEN FORM TO CHANGE EFFECTIVE JANUARY
2011
THE EPA'S
NEW LEAD RENOVATION, REPAIR AND PAINTING RULE.
TEN-YEAR STATUTE OF LIMITATIONS ON CONSTRUCTION DEFECT
ACTIONS
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!
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 |
|
ASAC
Defends Subcontractors
In the last two weeks, ASAC has been the strongest
advocate in the Capitol for ALL subcontractors. We
opposed legislation that eliminates subcontractors’
rights to make bond claims for payment up to 75 days
after public project completion, despite failing to
properly file a preliminary notice.
Supporters of the bill contend that they are ‘paying
twice’ since they made the final payment to the primary
subcontractor and are then surprised when a bond claim
is made by a sub tiered subcontractor they don’t know
exists. GC’s allege that they then find themselves also
reimbursing the surety for these amounts
(although it’s not clear that these amounts were in fact
included in the primary subcontractor’s final payment
application).
This is a particularly touchy subject for all parties,
including the Associated General Contractors,
Construction Employers Association and a variety of
subcontractor organizations. Yet, in the give and take
world of politics and the legislative process ASAC has
stood firm. Following are reported portions of our
lobbyist’s testimony before the Senate Judiciary
Committee where he defended our rights in opposition to
Assembly Bill 2216, sponsored by AGC.
“AB 2216 is a radical and sudden reversal of California
public policy that has protected subcontractors since
1995, and their right to get paid for work they’ve
finished and which was accepted by the project owner and
general contractor.
This is a broad and complex (statutory) system that was
agreed to in 1994 and a major component of that deal was
to protect subs who hadn’t been paid for months after
project completion. AB 2216 unilaterally ‘repeals the
deal’ that was a multi-lateral negotiation and
agreement. This bill allows subs to not get paid simply
because they failed to send in a piece of paper.”
Dozens of emails and conversations among the parties
occurred in the two weeks preceding the hearing in an
attempt to reach a mutually acceptable and equitable
compromise. ASAC would have agreed to a lesser number of
days (50) after project completion in exchange for a 45
day notice of pending completion to be provided by the
project owner, as well as a similar notice being posted
on the job site 30 days prior to completion. This
proposed amendment was also being recommended by the
Judiciary Committee. However, AGC repeatedly rejected
the offer to amend the bill to allow 50 days.
ASAC was in favor of a provision in the bill that cut
the prompt pay requirement from 10 to 7 days. ASAC’s
Government Relations Committee did not believe that this
speedier 72 hour payment justified losing bond claim
rights, especially if the claim was inadvertently
misfiled, mistakenly addressed, or if the sub tiered
subcontractors are unaware of the project’s completion
date. This particularly applies to material suppliers
and out of area subcontractors.
ASAC urged the Committee to send this bill to ‘interim
study’ during October through December, or between this
legislative session and the next one starting in January
2011, as it is so complex and unresolved. The Committee
even recommended that the issue be sent to the
California Law Review Commission for a
complete analysis in an objective and non-adversarial
environment. ASAC greatly appreciated the Committee’s
suggestion.
By the time the hearing ended however, AB 2216 was
referred to the Senate Rules Committee for disposition.
In other words, it wasn’t amended and its fate is very
uncertain as the deadline for all bills to be voted on
this session is approaching.
This isn’t the first time such a bill has been proposed.
In keeping with ASAC’s basic tenet that it stands up for
all subcontractors, we will continue to forthrightly
work on this issue.
(Taken from the May-June Newsletter,
Click to read more from
the Newsletter!)
NEW
Submitting an Invoice When You Are Not In
Compliance With the Contract Requirements For A
California Public Works Project
Results In False Claims Liability. By William C Last,
Jr.
On February 26, 2010, a California Appellate Court held
that a government contractor could be liable for false
claims penalties by submitting an invoice for payment
when the contractor was not in compliance with the
material contract requirements.
In the case entitled, San Francisco Unified School
District ex. Rel. Manuel Contreras v. Laidlaw Transit,
Inc. No. A123914 (Cal.App. 1st Dist. February 26, 2010)
the plaintiff sued defendant Laidlaw Transit Services,
Inc., under the California False Claims Act (CFCA)
seeking to recover funds on behalf of the San Francisco
Unified School District. The Plaintiffs claimed that
Laidlaw violated the CFCA by submitting claims for
payment to the District at times when Laidlaw knew it
was in breach of various terms of its contract to
provide student bus transportation services. The
appellate court held that under the CFCA, a vendor
impliedly certifies compliance with its express
contractual requirements when it bills a public agency
for providing goods or services. Since the allegations
in the complaint were that the implied certification was
false and had a natural tendency to influence the public
agency's decision to pay for the goods or services that
was sufficient, if proven, to establish that a false
claim was submitted under the CFCA.
To read the rest
Click to read more...
FAIRNESS TO SUBCONTRACTORS CONTRIBUTORS:
These
companies came through already in 2010 for ASAC!
Thank you to:
|
GOLD
=$1000.00 |
SILVER =$750.00 |
|
American Fence Association - California
Chapter |
Hakanson Construction Inc. |
|
McLennon Law Corp. |
|
| Drywall Information Trust
Fund |
OTHER |
|
NCPFC/NCGMA |
Bayside Interiors Inc. |
|
Union Roofing
Contractors Association |
R B Construction Inc. |
|
University Marelich
Mechanical Inc. |
Rosendin Electric |
|
Wayne E. Swisher Cement
Contractor Inc. |
|
|
Western Walls and Ceiling Contractors
Association Inc. |
|
|
|
|
|
BRONZE =$500.00 |
|
|
American
Sheet Metal |
|
|
Area West
Fence Company Inc. |
|
|
Audio
Associates of San Diego |
|
|
Caston Plastering & Drywall Inc. |
|
|
Partition Specialties Inc. |
|
|
RPW/United Agencies |
|
|
Sierra
Lathing Company Inc. |
|
| |
|
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.
Choices in Insurance Plans!
The ASAC Insurance Committee has put together programs
to suit your needs and your size.
See the NEWSLETTER
for information on the plans, and contact the listed
agents for more information and to sign up for any of
these excellent programs!
NEW ASACCC Chapter
Meetings Provide Education, Fun, and Networking
Opportunities Plus Scholarships to Class of 2010!
To see pictures and more information go to Current Newsletter
NEW DATE:
June 29, 2010 BULLETIN #10-12
Contractors State License Board Announces New E-Mail
Alert Feature
SACRAMENTO – The
Contractors State License Board (CSLB) has launched a
new E-Mail Alert subscription service to provide
licensees and consumers with instant notification of
newly published industry bulletins, California Licensed
Contractor newsletters, news releases and consumer
alerts, and public meeting notices.
It only takes a few moments to sign up for one or all of
these instant notification categories.
“These e-mail alerts are another way for us to meet our
goal of providing the most up-todate information
possible to licensees about the many issues affecting
the construction industry and the operations of this
Board,” said CSLB Registrar Steve Sands. Simply go to
the CSLB website
www.cslb.ca.gov or
www.CheckTheLicenseFirst.com and click on the
“E-mail Alerts” button. Then, enter your contact
information and hit “subscribe.”
That’s it. Once you confirm your subscription, messages
will automatically be sent to your e-mail address,
alerting you of newly released CSLB publications and
notices. You can opt-out just as easily if you later
decide to discontinue receiving any of the alerts.
Health Care Trends
There are a lot of changes to health care coming into
effect soon, and there are trends you should be
comparing your plan to.
First, and foremost, is the small group tax credit for
groups with less than 25 employees and less than $50,000
in average wages (excluding the owner's salary). If you
think your company may be eligible, please call our
office at 1-800-743-6975 and we will send you the
details on how it may, or
may not, apply to your company.
Secondly, employees with dependent children up to age 26
can keep them covered as dependents on their health
plans regardless if they are a full time student or not.
There are tax increases and penalties for individuals
and businesses, the largest of which affect companies of
50 employees or more only. Most of the big changes will
not occur until 2014 so we will get that information for
you at a later date.
As far as what you can expect this year for rate
increases: For 2010, HMO rate increase trends are 8.5%
with an average monthly premium of $427 for a single
employee. The 2010 PPO rate increase trends are 14.3%
and an average monthly premium of $500 for a single
employee. Your company's
rates will be higher or lower based on the average age,
health, location of your company and plan design.
Companies are doing several things to offset these rate
increases:
1. Increasing co pays and deductibles, and adding Rx
deductibles
2. Increasing employee's percentage of paying premiums
3. Changing insurance companies to lowest cost plan
4. Self-insuring
This in a nutshell is the basic information you will
need right now. I will keep you informed as things
change, but do not hesitate to call us if you need
information specific to you and your company.
Article provided by Dave Hodges of Hodges Insurance
Services, Inc, a member of the Redwood Empire Chapter of
ASA. You can direct questions to Dave at 416 Aviation
Blvd., Ste. E, Santa Rosa, CA 95403. Phone (707)
525-5710, Fax (707) 525-5718.
david@hr-ins.com
NEW
Lease With Option to Buy By Sam K. Abdulaziz Abdulaziz,
Grossbart & Rudman
In 2001, John Garcia entered into a lease with an option
to buy a piece of property. The agreement included
Garcia paying a
$7,500 down payment with the remaining balance of the
purchase price to be paid within two years. However,
Garcia was
unable to obtain the financing within that time and
Garcia entered into an oral agreement with Ronald
Roberts wherein
Roberts purchased the property, giving Garcia an
additional two years to purchase the property. Roberts
agreed to pay the
purchase price as a loan to Garcia subject to repayment
with interest within two years. After the property
transferred to
Roberts, both parties signed the written agreement for
the lease option.
Click here to read..
Attend
ASA California Meetings -- They're open to embers.i>
Upcoming
in 2010:
July 15, 2010 -- Teleconferences
October 21, 2010 -- Ontario 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. |
