2021 ASAMW ADVOCACY INITIATIVE PRIORITIES

 

DISTRICT OF COLUMBIA

Partial Negligence not Sole Negligence
In DC, a GC can include in the subcontract wording that makes the subcontractor liable for the GCs negligence event if the subcontractor is only partially negligent.  This would make the subcontractor only responsible for its own negligence and the GC would have to accept responsibility for its own negligence.  Such laws exist in other states.

Right to Payment Legislation
A GC can withhold payments received for a subcontractor’s work to require some action on another job.  Legislation will make this clause in a subcontract null and void.    

Expand information on Payment Website
The DGS Website includes payments made by that department to prime contractors.  ASA/ACE will encourage the website to contain more information about the payment, such as: The end date of the time period for which the payment was made, if such payments are made in installments; notation as to whether the payment was made as a progress payment or as a final payment; the portion of the payment attributable to goods or services provided by a subcontractor of the contractor; and a copy of the contractor's payment bond.


MARYLAND

Seek Payment Transparency
As the State of Maryland improves its procurement process, ASA/ACE will seek the inclusion of payment transparency in the new system.

Anti-indemnity for your actions alone
In Maryland and other states, if a subcontractor is only slightly responsible for a loss, the entire loss can be placed on the subcontractor.  ASA/ACE are considering partial liability legislation.

VIRGINIA

Transparent payment website operational.  
 Will continue to push state agencies to implement the transparent payment website that was demonstrated in   2017.