ASA President’s Letter—May 1, 2017
Dear Fellow ASA Members and Friends,
During its March meeting in Denver, the ASA Task Force on the Subcontractors Legal Defense Fund discussed and recommended that ASA file “friend of the court” briefs in two cases, one dealing with wrap-up insurance and the other dealing with equitable subrogation. This task force is responsible for evaluating requests for the funding and filing of amicus briefs based on criteria established by the ASA Board of Directors.
The ASA Subcontractors Legal Defense Fund has been financing amicus briefs for 20 years. The SLDF allows ASA to intervene in court cases where it can have a meaningful impact on cases involving subcontractor rights, such as the enforceability of pay-if-paid clauses, mechanic’s lien and payment rights, bid shopping, no damage for delay, the applicability of the duty to defend, insurance coverage for construction defects, and more.
ASA is currently involved in a lawsuit to block OSHA’s implementation of its new rule on crystalline silica and another case concerning contingent payment and unjust enrichment. ASA can’t continue its work in support of subcontractors unless it has the funds to pay for participation in the court cases that matter most to subcontractors.
With your help, ASA can marshal the financial resources needed to invest in precedent-setting litigation to establish subcontractor rights. I encourage you to learn more at www.sldf.net and make a contribution through the ASA online store.
2016-17 ASA President