November 21st, 2019
Volume 21, No. 47
It is with great sadness that we announce the passing of ASA Board member, Chip Mabus, of F.L. Crane & Sons, Inc in Fulton, MS on November 16th, 2019. Chip was a great friend to so many within ASA, and his infectious smile and sense of humor was loved by so many.
Chip began his career with FL Crane in 1998 as a drywall mechanic. Within a year, he was identified as a peak performer and began training as an estimator and project manager. Over the last twenty years, Chip has served as an estimator in both the Memphis and Fulton Divisions until being promoted to Fulton Division President in 2014. As a division president, Chip oversaw a staff of eight estimators/project managers and over 100 field employees. Additionally, Chip served as a member of FCICA and on the Board of Directors for both National and the Mississippi chapters of ASA.
All of us at ASA send our sincere sympathies to all Chip's family, his friends, and his work colleagues. Our prayers are with them as they try to deal with this tragic loss. Remembrances have poured in from his fellow members of the National Board of Directors since word came out of his death, each speaking of a hardworking, loving, caring man. He was a friend and colleague of so many, and the joy he brought to ASA will be sorely missed.
In lieu of flowers, memorials may be made to April’s Angels or Crossroads Ranch.
On Monday, November 18, 2019, ASA became a member of the Business Coalition for Fair Competition (BCFC), a national coalition of businesses, associations, taxpayer organizations and think tanks that are committed to reducing all forms of unfair government created, sponsored and provided competition with the private sector. BCFC believes the free enterprise system is the most productive and efficient provider of goods and services and strongly supports the Federal government utilizing the private sector for commercially available products and services to the maximum extent possible.
Our alliance with the BCFC organically grow out of our work regarding the Government Accountability Office (GAO)’s audit of the Federal Prison Industries (FPI) authorized by Congress with the passage of the FIRST STEP Act of 2018 (P.L.115-391) signed into law on December 21, 2018. On August 29, 2019, ASA met with the GAO regarding the following questions:
Currently, ASA members working in prison construction are unfairly competing with the FPI. We will continue to update you on our BCFC relationship and progress on this important issue.
SUBExcel is American Subcontractors Association's annual meeting, the perfect place for you to join YOUR association working hard for the needs of construction subcontractors, specialty trade contractors and suppliers. Perks of attending SUBExcel include:
Today's economy is changing at an ever-increasing pace, and business owners need to be prepared for both the successes and the obstacles of the future. Making sure your business is financially sound is crucial in today's competitive market, and ASA wants to help you be as strong as you can be for the years ahead.
We want to hear from you! Tell us how you are working to engage young people and new employees in the trades. Are you working with programs like Helmets to Hardhats? Does your company have a partnership with a local community college, university or apprenticeship program?? How do you connect with your local community?
The American Subcontractors Association is currently working to gather all of your amazing ideas to be able to share with other ASA chapters around the country. Let us know how you reach out to young, new talent, as well as your best practices in each initiative.
Have something exciting to share? Email us your ideas at firstname.lastname@example.org. We can't wait to hear from you!
On Monday, November 18, 2019, ASA became a member of TEAM (Taxpaying Employers Against Misclassification), a growing group of employers and employer organizations concerned about the issue of employee misclassification and payroll fraud and how it is harming American businesses and workers. These practices result in non-payment of owed taxes and in unfair competitive practices against employers who are legally compliant.
The goal of TEAM is to educate and inform those who may not fully understand the issue of payroll fraud or fully comprehend the negative consequences for lawful employers, workers and government and the taxpayers. The website will provide information on the law, recent research, and legislation as well as identify and expose examples of payroll fraud.
ASA underwrites the legal costs of filing "friend-of-the-court" briefs to inform the Court regarding the broader impact of relevant cases throughout the country. We have won dozens of these cases since 1997, vindicating subcontractor rights today and into the future!
Each year, courts across the country hand down hundreds of decisions on federal and state laws, as well as court-made or "case"law, that apply to subcontractors' businesses. Many of the decisions impacting subcontractors interpret the contract provisions of subcontract agreements—provisions like pay-if-paid, hold harmless, duty-to-defend, and no-damages-for-delay. Some of these decisions are precedent-setting and carry significance for subcontractors across state lines.
ASA's Subcontractors Legal Defense Fund supports ASA's critical legal activities in precedent-setting cases to protect the interests of all subcontractors. ASA taps the SLDF to fund amicus curiae, or friend-of-the-court," briefs in appellate-level cases that would have a significant impact on subcontractor rights.
The public phase of the impeachment inquiry continued this week with eight witnesses scheduled to testify:
January 7th, 2020
Payment Clauses: What to Watch For and How to Negotiate Them
by James Yand and Brian Esler
ASA is the united voice dedicated to improving the business environment in the construction industry, representing subcontractors before all branches (executive, legislative, judicial) and levels (federal, state, local) of government, to organizations representing other parts of the construction industry, to the news media, and others.
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