THE SUBBY AWARDS GALA IS ALMOST HERE!  ARE YOU REGISTERED?

The votes are in and Lanigan Ryan is determining who will receive the iconic trophy that recognizes the SUBBY recipient. We rarely say “winner” because every nominee is a winner.    

General contractors, including the GC Partners of ASAMW will be in attendance. As an ASAMW member you need to be represented as well. Our mission of fair construction can best be achieved by recognizing those who attempt to be as fair as possible. Click here for more information.

WHY NOT BE A SUBBY SPONSOR?
Be a Superhero in the construction industry and sponsor the 61^st annual SUBBY Awards. Contact Patti at [email protected] to find out how to best highlight your company and support the organization.

PAY IF PAID – UNENFORCEABLE
We tried to get Pay if Paid clauses deemed unenforceable in Maryland (like we have in Virginia), but we had opposition, and it looks like it will not happen. ASAMW President Kimberlee Driggs (D2 Sitework) offered excellent written testimony, but I was forced to give the oral testimony because the Chairman would not bend the rules on who could testify. If you take the time to watch the hearing before the Maryland House Committee on Economic Matters, you will see how things got confusing about interest rates instead of our basic request for pay if paid. 

You will see our testimony at about minute :38 and the opposition starts at about minute 1:24.

WANT TO BE LIKE TEXAS?
Subcontractors in Texas have laws that:

• set time limits on payment; 35 days for owners to pay general contractors and seven days for GCs to pay subs
• the right to suspend work, and
• interest on late payments;  18% annually

In the DMV we have some protections, but not enough. Information on using payment laws in Texas was taken from this article in January’s Contractor’s Compass. Please read this article and reply to this email with your thoughts.  Should we be more like Texas with our laws in the DMV?

Trump Executive Orders
New presidential policies are creating waves across the construction industry, forcing contractors to reassess their bidding strategies. Four key areas are driving this uncertainty:

• Tariffs – ASA national provided a letter from the National Association of Home Builders imploring the President to rescind the tariffs on Canada and Mexico, which he did. The NAHB President stated that there were 30% increases in cost of building materials since January, 2021, and that nearly 25% of building components were imported from Canada and Mexico.

• Workforce – One of the issues this Construction Dive Article addresses is the disruption of your workforce because of the crack down on immigration. Since an estimated 20% of the construction workforce is undocumented, according to this study, you need to be prepared to address the possibilities in your contract. Here is a primer on what to do in case of an ICE raid on your job site from ASA and its partner SESCO.  Be sure your GC knows its rights. 

• DEI – Diversity, Equality and Inclusion programs will be strongly impacted by March 20, 2025. That is when DEI programs are to be terminated.  You should talk to your contracting officer about the impact this will have on any work you are completing now and plan to bid in the future. This paper by Piliero Mazza gives steps to take to prepare. 

• PLAs – The President has not rescinded the previous administrations orders to include Project Labor Agreements (PLA) in federal work over $35 million, but a Federal Judge ruled against the order on a number of jobs. This article explains.

Astute Subcontractors negotiate each contract to address these issues and protect their companies. 

SCOPE
For finishing contractors only. Do you have an example of a scope that you have developed or that you have received from a general contractor that adequately covers your work? Please forward or reply to this email. 

THE MID-ATLANTIC CONSTRUCTION SAFETY CONFERENCE
Registrationis openfor the 2025 Mid-Atlantic Construction Safety Conference on April 8, 2025, at Martins Crosswinds in Greenbelt. Sponsorship and Exhibitor opportunities are still available on the Mid-Atlantic Construction Safety Conference site.

MEMBER UPDATES

Helpful tools from Ryan Hogan at Preferred Insurance:

How to Handle an OSHA Inspection and OSHA 300 

Keeping your equipment winterized

ADVOCACY

DC – The DC Council is holding budget hearings through most of this month, but we have a commitment from Council Member Kenyan McDuffie to push legislation that will allow subcontractors to protect payment for work completed. 

MD – HB 451 (see accompanying article) was heard in the MD House Committee on Economic Matters. The Chairmen, CT Wilson of Charles County has a lot of influence on the future of this legislation. Those who spoke in opposition to the bill, which includes language to make pay if paid clauses unenforceable, included the Maryland Minority Contractors and the Associated Builders and Contractors.    

VA – The Commonwealth’s Legislature is in Session and ASAMW is monitoring bills that will protect subcontractors. If you are aware of any legislation needed in Virginia to protect subcontractors, please reply to this email. 

UPCOMING EVENTS

February 12, 2025 – Wohlsen Meet and Greet

February 22, 2025  – Annual Subby Awards Gala

February 25, 2025 – ASAMW SIE (Members Only-Sub/Supplier Information Exchange)

March 26, 2025 - DC Hispanic Contractors Association Gala

March 27, 2025 – SAVE THE DATE - Paradigm Contractors, LLC Meet and Greet

April 10, 2025 – ASAMW Spring Golf Tournament

April 29, 2025 – SAVE THE DATE - Crew Communications Event