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Ike's Newsletter November 20, 2020

Executive Director's Report

Issue with GCs requiring tracking devices – Members are expressing concern about the growing use of personnel tracking devices.  Expected on jobs with large GCs, they are now being required by local and mid-sized GCs.  Although members are concerned about this trend, one expert mentioned it can be addressed in the subcontract you negotiate. If the use of tracking devices is not a requirement of the subcontract agreement then the subcontractor can refuse.  If it is in a proposed subcontract agreement then the subcontractor can negotiate to limit the use of the data and to receive a copy of the data weekly or monthly.   

Gilbane’s PG County Projects – Payment, particularly payment for change orders, should not be a problem for the $1.2 Billion of work that Gilbane will be doing in Prince Georges County.  Joe Averza, the Chief Purchasing Agent on the projects, indicated the change order process will be improved because they are the designer, builder and contractor on the Public Private Partnership.  Some pre-design and demolition is going on now and more packages will be bid in February.  As an association, ASAMW can help Gilbane by finding qualified local, minority and small business to meet their required goals. Please reply to this email if you are willing to help us help Gilbane.   

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Ike's Newsletter November 6, 2020

Executive Director's Report

ASAMW Subcontract Addendum – A subcontract addendum developed to make subcontracts fair was approved by the Board of Directors and is available to members by request.  Just reply to this email.  A task force of Lauren McLaughlin (Smith Currie), Rick Freeman (Southern Insulation) and Jitu Patel (Siemens) revised an agreement that was initially developed by national ASA.  It addresses the core issues you face in review of the subcontracts you receive from the GCs in this area.  This document will be presented to ASAMW’s GC Partners for consideration for use with their subcontractors in hopes that less time can be spent negotiating a fair subcontract.      

What is FAIR in Construction Design? One item addressed in the ASAMW Subcontract Addendum is Incomplete Design.  We are seeking a way to protect Subcontractors from losing money on poor design documents.  The change order dance usually begins with incomplete designs.  What do you recommend?  Our wording states:

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Ike's Newsletter October 23, 2020

Executive Director's Report

Do You Know When the Prime Gets Paid?  Members recently indicated that transparent payment – knowing when the GC/Prime has received payment from the owner – is more important than just about anything else to improve payment to subcontractors.  However, are you using the tools available to you?  There is no help in Maryland, but here are the payment sites for public work in DC and Virginia.

Virginia: Procurement Transparency for Dept of General Services (DGS) (with matching payment, if available) Click Here

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Ike's Newsletter October 2, 2020

Executive Director's Report

What Good are Laws, Meant to Protect You, if not Enforced? Two of your fellow members, Bryan Wright (Blackwood of DC) and Cindy Athey (Precision Wall Tech) put themselves at the forefront to explain the difficulties with working in the District of Columbia.  They were speaking on B23-0405, which would offer additional protections to subcontractors from a prime’s failure to pay.  They took the opportunity to explain how the District does not uphold the laws on wage theft, use of Certified Business Enterprises, subcontract language and more.  It appears from the dialogue with the DC Council Committee on Facilities and Procurement that laws on the books are not properly administered by the DC Agencies involved, such as DGS and DOES.  Now that we have the ear of the DC Council, we need more stories about how you have waited too long for payment, lost a bid to a non-CBE or any other instance in which the DC Agency has not followed the law. 

Why Construction Continues to be Strong -  This article indicates that lenders see construction as a good investment since delivery of the construction project will be two to three years down the road – hopefully post COVID-19. 

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