Arizonans for Fair Contracting

Arizonans for Fair Contracting

Invites You to Attend a Risk Transfer Reform Update with Special Guest


Sponsor of the Risk Transfer Reform Legislation, Senate Bill 1338

Monday, March 27, 2017

8:00 AM Check-In / 8:30-10:00 AM Program

Lovitt & Touché Learning Academy

1050 W. Washington St., Ste. 233

Tempe, Arizona 85281

Arizonans for Fair Contracting

Arizona State Senator Karen Fann (R-LD 1, Prescott) and your team at Arizonans for Fair Contacting will give you an update on current risk transfer reform efforts, provide you with talking points and other legislative resources, and discuss the upcoming

Arizonans for Fair Contracting Day at the State Capitol!

Click HERE to register for the FREE event.

To learn more, visit:

For questions, email:

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ASA Upcoming Events

upcoming events

Spring has sprung! There is so much coming up on the ASA calendar. We want to make sure you are aware of the events that may interest and benefit your company. Don’t forget to bring your business cards for networking. Hope to see you at one or more of the following upcoming events. For more information, visit, or call (602) 274-8979.

11th Annual Joint Association Mixer

When: Wednesday, March 22, 2017

4:00 PM to 6:00 PM

Where: ABA/AGC Parking Lot

1825 W. Adams St.

Phoenix, AZ 85007

What: This is a wonderful opportunity to mingle with the best industry professionals in the valley. Join us for snacks, drinks, socializing, networking, free raffles, and more!

Register Online!

Arizonans for Fair Contracting

When: Monday, March 27, 2017

8:00 to 10:00 AM

Where: Lovitt & Touche Learning Academy

1050 W. Washington St. Ste. 233

Tempe, AZ 85281

What: Arizona State Senator Karen Fann (R-LD 1, Prescott) and your team at Arizonans for Fair Contracting will give you an update on current risk transfer reform efforts, provide you with talking points and other legislative resources, and discuss the upcoming Arizonans for Fair Contracting Day at the State Capitol!

Register Online!

ASA Coffee Talk Mixer & Spring Golf Tournament Fundraiser

When: Friday, April 7, 2017

6:30 AM Coffee Talk Networking Mixer

7:30 AM Golf Tournament Shotgun Start

Where: Orange Tree Golf Course

10601 N. 56th St.

Scottsdale, AZ 85254

What: ASA membership is growing at a record pace! If you are interested in becoming an ASA member, then join us for a free cup of coffee and refreshments as we talk about the benefits of ASA membership.  Membership committee members will be available to answer all your questions about ASA and its membership. For golfers, advance registration is required.

Register Online!

Prop 206…What Have You Heard? Is it Accurate?

When: Wednesday, April 19, 2017

8:00 to 9:15 AM

Where: ASA of Arizona Office

4105 N. 20th St. Ste. 230

Phoenix, AZ 85016

What: ASA of Arizona cordially invites you to learn more about Prop 206, Arizona’s new paid sick leave law. If you are an HR professional or responsible for overseeing the benefits for your organization, then you will not want to miss this informative seminar.

Register Online!

April Networking Mixer

When: Thursday, April 20, 2017

4:00 to 6:00 PM

Where: FCI Constructors, Inc.

10922 W. Glenn Dr.

Glendale, AZ 85307

What: ASA of Arizona’s April Networking Mixer will be hosted and sponsored by FCI Constructors, Inc., and held at their office. On April, 20, 2017 from 4:00-6:00 PM, join us for fun, networking and more! Don’t forget to bring your business cards.

Register Online!

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Super Party 2017

Super Party 2017

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Thank You!

thank you

Thank You!


Our chapter is growing at record pace. I am so proud to announce that last night we had our best attendance in recent years for an Election Dinner. Over 100 members attended! We are so thankful for all the support our members gave to the newly elected officials. We wish to extend special thanks to L&L Asphalt and Redirect Health for being our meeting sponsors, and to all the service professionals that participated in our vendor showcase.

Our membership is growing because of your support in bringing new members into our organization. If each one of you would bring one new subcontractor to a mixer or event, we could double our attendance records, as early as next year. Our new President, Rita Lawrence, and the entire Membership Committee will be happy to meet with any of the new prospects that you recommend. I am including a link that you can send to prospective members. This link explains a little more about ASA and what we do. If I can be of any help, please don’t hesitate to contact me.

As always, your support of ASA and our efforts on our member’s behalf is greatly appreciated.


Carol Floco, CEO

American Subcontractors Association of Arizona, Inc.

(602) 274-8979

ASA Election Night

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Early Golf Registration Extended to April 4, 2016

Last year’s Golf Tournament and Fundraiser, in support of the Ben C. Griggs Memorial Scholarship, was a huge success! In response to such a successful event last year, this year’s ASA of AZ Golf Tournament and Fundraiser will take place on Thursday, April 21, 2016 at the Legacy Golf Resort.

Registration begins at 6:30AM and the shotgun start at 7:30AM. Register on or before April 4, 2016 for early bird discounts. Register online at, via fax to (602) 277-4505, or by mail: ASA of AZ, 4105 N. 20th St. #230, Phoenix, AZ 85016. Click here for a downloadable PDF form.

Golf Tournament & Fundraiser

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Associations Call on FHWA to Include Surety Bond Requirements for P3s

ASA joined The Surety & Fidelity Association of America and the National Association of Surety Bond Producers in calling on the Federal Highway Administration to include in its proposed rule related to the construction manager/general contractor method of contracting that surety bonds be provided on projects financed through public-private partnership agreements. The three associations recommended that “FHWA should follow the bonding requirements that have been a longtime feature of the U.S. Department of Transportation’s regulations on federal grants for state highway construction projects.” DOT’s rules currently provide that “[t]he federal agency awarding a grant may accept the state bonding policy applicable to the person or entity receiving the grant if the federal agency determines that policy adequately protects the federal agency’s interest.” The associations emphasized that“ the payment bond guarantees that covered subcontractors, suppliers and laborers on the job will get paid. Many subcontractors and suppliers on public works projects are small contractors that have fewer resources to absorb an event of non-payment.”

Published on September 3, 2015 by the American Subcontractors Association’s asatoday Vol. 17, No. 36 “The Weekly National News Bulletin for ASA Members Only”

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Get the Tools and Resources Your Firm Needs to Succeed in Today’s Business World

ASA/FASA Education Catalog 2015-16

Get the Tools and Resources Your Firm Needs to Succeed in Today’s Business World

The American Subcontractors Association and the Foundation of ASA are providing construction subcontractors with the latest strategies and ideas to manage their businesses with videos-on-demand, webinars, and other resources on such topics as technology, retainage, mechanic’s liens, negotiation strategies, cash flow, and human resources.

The 2015-16 edition of the ASA/FASA Construction Subcontractor’s Education Catalog showcases the newest education programs (live and recorded), books, and downloadable manuals that ASA and FASA offer to help subcontractors meet the demands of working in today’s construction industry.

ASA and FASA have developed dozens of education programs and products for subcontractors, including these new videos-on-demand:

The new catalog also highlights the ASA/FASA Education Webinars Series for 2015-16. These webinars will take place from 12:00 p.m. to 1:30 p.m. Eastern time on the second Tuesday of the month. The registration fee for each webinar is $99 for ASA members and $179 for nonmembers.

In addition, the ASA/FASA education catalog spotlights the ConsensusDocs 700 series of contract documents for subcontractors. ASA is a founding member of the ConsensusDocs coalition, which publishes a library of 100-plus contracts and documents that incorporate best practices and fairly allocate risk to help reduce costly contingencies and adversarial negotiations. ASA members can use the promotional code ASA100 to receive a special member discount off these ASA-endorsed documents when ordering online via the ConsensusDocs Web site

ASA Logo

© 2015
American Subcontractors Association, Inc.
1004 Duke Street
Alexandria, VA 22314

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Stay Competitive and Reduce Business Risks with ASA Webinars


Stay Competitive and Reduce Business Risks with ASA Webinars

12:00 p.m. – 1:30 p.m. Eastern Time / 9:00 a.m. – 10:30 a.m. Pacific Time
Second Tuesday of the Month Beginning in September!

AIC Constructor Certification Continuing Professional Development Credits: 1.5

In today’s competitive construction marketplace, subcontractors need to learn and hone business strategies that keep them competitive and reduce their risks. The American Subcontractors Association’s 2015-16 webinars can help subcontractors improve their businesses through educational training on such topics as contract negotiation, risk management, retainage, cash management, productivity, employment regulations, technology, and more:

Sept.15, 2015 — “The Subcontractor’s Guide to a Fair Lien Waiver Process” presented by Scott Wolfe Jr., zlien, New Orleans, La.

Oct.13, 2015 — “Cash Management for Subcontractors” presented by Aaron Faulk and Justin Fisher, Moss Adams LLP, Everett, Wash.

Nov. 10, 2015 — “Implementing Technology for the Jobsite: Turning Refusers into Adopters” presented by Doug Chambers, FieldLens, New York, N.Y.

Dec. 8, 2015 — “Employment Law Changes and How They Affect Screening and Hiring Practices” presented by Jamie Hasty, SESCO Management Consultants, Richmond, Va.

Jan. 12, 2016 — “The War for Talent Drives Construction Pay Higher: Pay Trends in the Construction Industry” presented by Mike Rose, FMI, Phoenix, Ariz.

Feb. 9, 2016 — “Negotiating Retainage” presented by Eric Travers, Esq., Kegler, Brown, Hill & Ritter, Columbus, Ohio.

April 12, 2016 — “The Payment Dance in the Construction Industry” presented by Scott Wolfe Jr., zlien, New Orleans, La.

May 10, 2016 — “Websites, Email, Social Media and Your Domain Name” presented by George Minardos, .BUILD, Santa Monica, Calif.

June 14, 2016 — “Damages for Lost Labor Productivity” presented by James Yand, Miller Nash Graham & Dunn, Seattle, Wash.

Interactive Format: View the webinar on your computer screen, or project it on a wall/screen in your conference room. Ask the presenter questions in live chat.
Listen to the presenter on your headset or dial in. Use your computer’s speakers or a speaker phone so everyone in the room can listen.


$99 for members of the American Subcontractors Association. $179 for non-members.

Registration Fee Includes:

Access with one Internet connection.

A link to view an audio-visual recording of the webinar (emailed to you after the live program).

A link to a printable ASA Certificate of Completion recognizing completion of this program (emailed to you after the live program). Print the certificate for each person who participated at your location!

Learn more under “Register for an Event” on the ASA Web site.

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DOL Issues Enforcement Guidance on Misclassification of Employees

DOL Issues Enforcement Guidance on Misclassification of Employees

On July 15, the U.S. Department of Labor’s Wage and Hour Division issued guidance on the enforcement of the law prohibiting the misclassification of employees as independent contractors. The Application of the Fair Labor Standards Act’s “Suffer or Permit” Standard in the Identification of Employees Who Are Misclassified as Independent Contractors (Administrator’s Interpretation 2015-1) analyzes how the Fair Labor Standards Act’s definition of “employ” guides the determination of whether workers are employees or independent contractors under the law. The WHD guidance emphasizes that most workers are employees under the FLSA’s broad definitions. It discusses the breadth of the FLSA’s definition of “employ,” as well as provides guidance on the “economic realities” factors applied by courts in determining if a worker is indeed an employee. The document includes questions that an employer should consider in determining whether an individual is an employee rather than independent contractor, including:

-Is the work an integral part of the employer’s business?
-Does the worker’s managerial skill affect the worker’s opportunity for profit or loss?
-How does the worker’s relative investment compare to the employer’s investment?
-Does the work performed require special skill and initiative?
-Is the relationship between the worker and employer permanent or indefinite?
-What is the nature and degree of the employer’s control?

WHD says the factors should not be analyzed mechanically or in a vacuum and no single factor, including control, should be over-emphasized. Instead, each factor should be considered in light of the ultimate determination of whether the worker is really in business for him or herself (and thus is an independent contractor) or is economically dependent on the employer (and thus is its employee). The document also includes several short examples that are specific to the construction industry. Additional guidance on misclassification is available on the WHD’s Web page: Misclassification of Employees as Independent Contractors.

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State Legislatures Continue to Act on Construction Bills

State Legislatures Continue to Act on Construction Bills

With only four state legislatures in regular session, two states in special session and two states in extended session, governors continue to approve laws that impact construction subcontractors, specialty trade contractors, and suppliers. The following are just a few of the laws recently enacted:

Connecticut: S1502, the state budget, includes a provision concerning self-performance by a construction-manager-at-risk. Specifically, the new law allows the contractor to self-perform if the government determines that the CM can perform the work more cost-effectively than a subcontractor. All work not performed by the CM must be approved by trade subcontractors selected by a process approved by the government.

Delaware: HB145 raises the prevailing wage contract threshold for new construction and for alterations, repairs, and renovations from $15,000 to $45,000. The new law also establishes a Prevailing Wage Advisory Committee that is tasked with advising the General Assembly as to how the prevailing wage survey can be improved or whether the survey should be eliminated. The committee is to provide a report to the General Assembly by Jan. 20, 2016.

Hawaii: HB391 relates to government public works construction contracts. Specifically, the new law provides that overtime compensation be not less than the laborers or mechanics basic hourly rate of pay plus fringe benefits and that if the Department of Labor and Industrial Relations determines that the prevailing wage is determined by a group represented by collective bargaining, then the overtime and any other premium shall be at the same rates set by the collective bargaining agreement.

Illinois: SB718 amends Elevator Safety Act by providing that the Office of the State Fire Marshal shall authorize the issuance of elevator contractor’s licenses, elevator mechanic’s licenses, inspector’s licenses, and inspection company licenses. The new law also provides that all applications for a contractor’s or inspection company license shall contain a copy of the Certificate of Authority to transact business in the State from the Secretary of State for corporations registered in another state, a certificate of good standing for corporations registered in Illinois, and an assumed name certificate issued by the Illinois county in which the business is located for a sole proprietor or partnership.

Michigan: HB4052 prohibits municipalities from requiring businesses to pay wages, benefits, or provide sick days exceeding federal or state requirements.

North Carolina: HB255 reforms building code enforcement to conform work in progress inspection authority to recently enacted inspection limitations; requires the building code council to study the alternate methods approval process; clarifies the definition of official misconduct for code officials; eliminates mandatory plan review for residential structures; raises the threshold for requirement of a building permit; and creates the building code council residential code committee.

Rhode Island: HB5932 provides that notice under the provisions of the mechanic’s lien law may be provided either as incorporated in a written contract, or a separate document incorporated in a written contract prior to or within ten (10) days of commencing physical work on the property, or upon delivery of construction, erection, alteration, or repair materials for the property.

Rhode Island: SB968 eliminates the requirement that notice under the provisions of the mechanic’s lien law be provided within ten (10) days of commencing physical work on the property, or upon delivery of construction, erection, alteration, or repair materials for the property, by authorizing the notice to be given at any time prior to commencing work or delivery of materials, either incorporated conspicuously in a written contract or sent by certified mail.

Washington: S5997 provides that the joint transportation committee must convene a design-build contracting review panel to examine the department’s implementation and use of design-build contracting.

Wisconsin: S21, the state budget bill, includes a provision that requires that any contract entered into by the state for the construction, repair or modification of a public works or public improvement project must contain a provision that the contractor will use materials that are manufactured in the United States in the performance of the contract.

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