|In This Issue|
|Thank You Golf Major Sponsors!
Their support helps to fund our scholarship program, our member services, and our legislative advocacy efforts, including our push for meaningful indemnity reform.
Player Gift - Acadia Insurance
Dinner - Travelers Insurance
Lunch - J.C. Cannistraro, LLC
Reception - The Cheviot Corp., Kenney & Sams, P.C.
Registration - E.Amanti & Sons
Young Professionals Leadership Tuition Grants - Fall River Electrical
Course Banner - Corwin & Corwin, NorthStar Insurance
Scholarship - Capone Iron, Empire Masonry, Central Ceilings, William F. Lynch Co., R&R Window, DePaoli Mosaic Company, Stanley Elevator, Custom Electric & Communications, Royal Steam Heater
Raffle Prizes - R&R Window
Grand Raffle - Wayne J. Griffin Electric Inc., Calhess Restoration
Score Cards – Salem Glass Company, Wright Architectural Millwork Corp.
Golf Carts – Viking Controls, McCusker - Gill, Inc.
Pin Flags - Greenwood Industries, Thermo Dynamics
Beverage Cart - LAN-TEL Communications, Lockheed Window
Putting Green - Marsh & McLennan
Long Drive (4) - Herlihy Insurance, Alliant Construction Services, Lynwell Associates, Newman Associates
Closest to Pin - Milwaukee Valve, Fall River Electrical, Front Line, Alliant Construction Services
Closest to Line - Ambient Temperature Corporation
Golf Cannon Sponsor - R.H. Keleher Co., Colony Hardware
Golf Balls - Cross Insurance
Hole In One Insurance - Eastern Insurance
Click here for a complete list of sponsors
|BJRP Compliance & Mentoring Panel at Madison Park Technical Vocational High School
Did you attend? Our recent BJRP panel took place at Madison
Park Technical Vocational High School on Thursday, June 21. Representatives from Walsh Brothers
construction, Harvard Business School, The Compliance Mentor Group, Benjamin
Franklin Institute of Technology, and Madison Park Technical Vocational High
School shared their insights on best-faith compliance efforts and mentorship
programs. Special thanks to our
sponsors: Corwin & Corwin LLP,
Klarity Financial, The Compliance Mentor Group and Madison Park Technical
Vocational High School.
"[Students] get to see
three different mentors on the job site in action and get to ask questions.
It's another way of recruiting students and reaching out to community schools
and finding emerging talent," states ASM Member and BJRP Panelist Nicole
Richer, from the recent WBUR profile “Boston
Is in a Building Boom — And Wants More Diverse Construction Workers”.
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|The ASM Event of the Season! 23rd Annual ASM Golf Tournament -Supporting ASM Scholarships
Join over 300 ASM members and
their guests for the 23rd
Annual ASM Golf Tournament on July 16 at The International Golf Club. Enjoy golfing on a beautiful, Tom
Fazio-designed, 36-hole golf course while networking with industry colleagues
and supporting a worthy cause... the tournament raises money for our ASM
Scholarship Program! See article below
to find out the 2018 ASM Scholarship winners, and join us on July 16 to help
celebrate their successes. The Scholarship
Awards will be presented during dinner following the golf tournament.
Be a sponsor! Get
your company’s name in front of the most elite subcontractors and show your
support for ASM’s work by becoming an event sponsor! Learn more here
or contact us at firstname.lastname@example.org or
Hurry—Limited Spots Available! Make sure you don’t miss out on this
exciting event. Register Today!
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|2018 ASM Scholarship Recipients
ASM is pleased to announce the recipients of
the 2018 ASM Scholarship Awards Program.
Enes (J.M. Electrical Company, Inc.)
Frank (John F. Shea Company, Inc.)
Frugard (Capital Engineering Company)
Lewis (M.L. McDonald Sales Company)
Stipo (New England MCA)
Each student has attained academic excellence
while showing a commitment to community involvement. Join us at the 23rd Annual Golf
Tournament on July 16 to help celebrate and honor these amazing young
professionals. Each will receive a
$2,000 scholarship to further their education.
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|Marr Crane & Rigging Receives SC&RA Safety Award
Marr Crane &
Rigging received the 2018 Crane
& Rigging Safety Award from the Specialized Carriers & Rigging Association (SC&RA), a 1,300-member international
organization based in Centreville, Virginia.
Marr is among 21-member companies receiving the Safety Award due to
superior safety records and specifically, achieving an incident rate of less
than 2.1 and an Experience Modification Rate (EMR) of 1.0 or less. The Marr Companies has an EMR factor of 0.62,
a direct reflection of the multi-faceted safety program in place at Marr which
places a strong focus on safety, pre-planning and training.
(Photo caption: David Marr Sr., President of
Marr Crane & Rigging, and his son Dave Marr Jr., Project Manager, accept
the SC&RA Safety Award on their team’s behalf.)
SC&RA is an international trade
association with members from 46 nations.
The association’s members are involved in specialized
transportation, machinery moving and erecting, industrial maintenance,
millwrighting, crane and rigging operations, manufacturing and rental.
Companies, established in 1898, consists of Daniel Marr & Son
Company, Marr Scaffolding Company,
Marr Crane & Rigging and Isaac Blair & Co., Inc. Marr Crane & Rigging operates in three
lines of business: cranes, construction elevators and rigging with an equipment
fleet that includes 22-ton to 300-ton cranes. The company employs fully-trained
and experienced operators and signal persons, and offers indoor/outdoor storage
in three locations.
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|C/F Data Systems Delivers ScanLinc – New Mobile Inventory Management Application for Flooring Contractors
ASM Member C/F Data Systems, a leader and pioneer in construction
accounting solutions, announced the immediate availability of ScanLinc,
its new STRUCTUREmobile
App for flooring contractors.
ScanLinc allows users to scan barcodes of
materials and Bin Locations. With
ScanLinc the user can track location changes, quantity changes, and even issue
cuts, all from the barcode-scanning device. All scans are instantly updated into STRUCTURE
Blue for verification and processing.
“Flooring contractors know that proper
inventory management is key to running a profitable business. ScanLinc allows flooring contractors to stay
on top of their inventory, all from a scanning device,” said Eric Goldstein, President,
C/F Data System. “Providing flooring contractors
with the tools to keep their businesses running efficiently is what we’ve been
doing since 1979.”
About C/F Data Systems… Located in Weymouth, MA, C/F Data Systems
develops and sells integrated Project Management, Job-Costing, and construction
accounting software - including its flagship offering STRUCTURE Blue, a leading
construction accounting platform. For
more than 39 years, C/F Data Systems has been helping specialty contractors to
increase, efficiency, improve the business processes, and drive profitability. For more information, visit http://www.cfdatasystems.com
or call 781-337-9900.
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|The FID Grand Opening - Cannistraro Revitalizes Manufacturing in Boston’s Seaport
14, John, David & Joseph Cannistraro, along with the Honorable Martin J.
Walsh, Mayor of Boston, celebrated the grand opening of The FID, Boston’s new
center for Fabrication, Industry & Design.
While the company’s corporate offices will
remain in Watertown, MA, the grand opening furthers the planned relocation and
consolidation of Cannistraro’s manufacturing and warehousing operations from
Wilmington, Watertown and Stoughton to Boston’s Seaport District.
The FID sits at 25 Fid Kennedy Avenue: a 3.5 acre site with a two-story, 157,000
square foot building in the Raymond L. Flynn Marine Park. Cannistraro rehabilitated the property for use
as a prefabrication and assembly plant for plumbing, fire protection, HVAC
piping, and sheet metal systems for installation at construction sites
throughout the region.
Historically known as “Building 16,” 25 Fid
Kennedy Avenue was built in 1940 by the U.S. Navy as a multi-trade heavy
machine shop. The open, steel frame
structure and forty-ton overhead crane capacity facilitated large-scale metal
fabrication and assembly supporting the U.S. efforts in WWII. “The renovations at 25 Fid Kennedy Avenue
preserve the legacy of its industrial Art Deco architecture and utilitarian
use,” explains John Cannistraro. “We are
proud to showcase the craftsmanship of local tradespeople, and to advocate
continuous improvement and best practices within the construction community.”
In addition to providing jobs for Boston
residents, the move enables Cannistraro to apply green building technologies,
Lean manufacturing principles and modular building methods. A significant amount of flex space within the
facility will be available for innovative projects in collaboration with
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|LAN-TEL Communications’ Mobile Access Command Unit Debuted at the South Boston St. Patrick’s Day Parade
LAN-TEL Communications, Inc., a leading
provider of integrated public safety/security solutions and structured cabling, debuted its Mobile Access Command Unit (MACU) at
Boston St. Patrick’s Day Parade in
March. LAN-TEL is the only private
company in New England to have a MACU equipped with an exterior shooter
detection system and an Unmanned Aerial Vehicle (UAV) equipped for all-weather
situations with thermal imaging capabilities for assistance at public events and
In addition to the exterior
shooter detection, LAN-TEL’s MACU offers the following:
· Search and rescue operations with UAV
rescue in weather related disasters
LAN-TEL continues to be the City and the
Commonwealth’s go-to Low Voltage contractor and relied-upon security system
provider for the City of Boston, having provided hundreds of wireless video
security system installations throughout the city and integrating them into
area headquarters. LAN-TEL Communications, Inc., is the industry leader
and trusted provider of structured cabling systems, integrated public safety
and security solutions and IT infrastructure services. For more than 26 years, LAN-TEL has offered an
unparalleled level of client service, support and innovative technologies to
New England’s largest corporations, buildings and municipalities. Visit us at http://www.lan-tel.com or on Facebook
or call us at 1-800-551-8599.
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|E.M. Duggan Pays Tribute To Long-time Employees
E.M. Duggan honors
long time employees Bobby Jones and sisters Doris Matthews and Shirley Nolan. The beautiful Granite Links Golf
Club in Quincy served as the backdrop
for plumbing foreman Bobby Jones’ retirement party. The Duggan family wanted to give a fond
farewell to Jones, who worked at Duggan for forty years.
June, E.M Duggan also remembered beloved sisters known at Duggan as the dynamic
duo, Doris and Shirley. The two worked in the accounting department
with a combined sixty-five years between them. When Doris passed away in 2016, Duggan created
a room in her memory. The Duggan family
lost Shirley in February. Since the
sisters were inseparable, E.M. Duggan transformed the room to honor both women. Their presence and
years of service left an indelible mark at the company, and their conference
room is a wonderful reminder that being a part of E.M. Duggan means forever
being a part of the family.
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|Griffin Electric Celebrates 25 Years Of Sponsoring Apprenticeship With 16TH Annual Apprentice Competition
Wayne J. Griffin Electric, Inc. (Griffin
Electric), a leading area electrical subcontractor, recently held its 16th annual Apprentice
Competition at the company’s headquarters in Holliston, MA, in addition to
its four regional offices in Pelham, AL, Duluth, GA, Charlotte, NC and Durham,
apprentices were separated into teams and competed in varying events in order
to test their electrical skills and knowledge.
Skills challenges included pipe bending; branch circuit wiring; and low
voltage links. Knowledge-based events
tested apprentices’ know-how on the pricing of construction tools and
materials; electrical, code and safety questions; and industry-based survey
questions, all mirrored to popular gameshow formats. Students were also provided with the
opportunity to learn about new and proven products from vendors such as
Milwaukee, Klein and Caddy, with the option to purchase tools onsite.
challenge was scored and tallied for final scores of the day, with prizes and
medals given out to the three highest-ranking teams. Every participant in the competition received
a commemorative event t-shirt and a $25 Home Depot gift card, in celebration of
Griffin Electric’s 25th year
of sponsoring an In-House
dignitaries were invited to join the festivities, with guests in attendance
from the New
Hampshire Office of Apprenticeship, Massachusetts
Division of Apprentice Standards, and New Hampshire Electricians’ Board.
Griffin Electric hosts this friendly
competition to test skills and build camaraderie with its students and
celebrate the hard work that apprentices, instructors, and coordinators
dedicate to the Griffin Electric Apprenticeship Training Program. Griffin’s in-house educational program has
been instrumental in providing students with the necessary skills and knowledge
to achieve their Journeyperson licensure and to elevate their competencies
within the electrical trade.
About Wayne J. Griffin
Electric, Inc. - In the
electrical contracting business since 1978, Wayne J. Griffin Electric, Inc.
proudly celebrates its 40th anniversary in 2018. Headquartered in Holliston, MA, the company
also has regional offices in Pelham, AL, Duluth, GA, Charlotte, NC and
Raleigh-Durham, NC. ENR (Engineering News-Record)
ranked Griffin Electric 23rd in its 2017 listing of the top 50
national electrical contractors and 1st in the state of
Massachusetts. The company employs
approximately 1,400 individuals.
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|Legal / Legislative|
|We Need Your Help to Pass Indemnity Reform!
Massachusetts has a law that was
supposed to prevent unfair risk shifting, but it has been gutted by a series of
court decisions over the past 25 years.
Courts have defined "caused by" so loosely that subcontractors
can now be held 100% responsible for accidents where they were only 1% at
fault. To make matters worse, the
subcontractor can be forced to insure the general contractor, in case
indemnification doesn't cover everything.
House Bill 2369 fixes the law so that everyone who contributes to
accidents pays their fair share of the costs. The bill clarifies that subcontractors can't
be required to indemnify or insure general contractors for anything more than
what was caused by their own negligence.
While Representative Tom Golden,
your ASM Board, Staff and Lobbyists have moved this issue forward, we can’t get it across the finish line
without your help! A letter has been
prepopulated in VoterVoice that you can send to your legislators with the click
of a button. More than 50 of your fellow
subcontractors have sent letters, but we need 100% participation in order to
get this bill signed into law!
Simply click the link below to log in and send
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|2018 Legislative Session Update
As of today, below
is the status of some of the major bills we’re tracking.
Theft: A bill with strict vicarious liability, stop
work order provisions, and virtually no safe harbor provisions (other than
paying the claimed unpaid wages for your downstream contractor’s employees) has
passed the Senate unanimously. The
Business Coalition will continue to fight for a fair wage theft bill that
actually addresses the root problem of wage theft, versus just making an
upstream sub or contractor pay. Timing,
or lack thereof, may be on our side, as well as the fact that the current bill
is even more restrictive and detrimental to law-abiding MA businesses then at
the beginning of the session. The ball
is now in the House’s court.
As Senator Tarr stated regarding an amendment
to limit vicarious liability to those who “knew or should have known” about the
claimed wage theft: “We're trying to
remove this poison pill which prevents it from being credibly considered any
further in the process. That's the issue
of vicarious liability. I'm not sure
we're using the appropriate term so everyone can clearly understand. In the
context of this bill, some employers -- not everyone, so already we violate
arbitrary and capricious -- you are guilty if you are an employer. It doesn't matter if you knew about a violation
or should have known. If you are an
employer in Massachusetts, you're guilty.
We all know that is indefensible.
You live in Massachusetts, the state of guilt by association. If you have a subcontractor you are liable
for everything they do with respect to wage theft. If you knew or should have known, you're
liable to the fullest extent of the law.
But conversely, that a lead contractor who did not and could not have
known there was a violation should not be liable… It's also perplexing to
understand how it expedites payment if we attach liability to someone who's not
responsible. We continue to hear these
things but we don't hear any reason that we should adopt as written the you are
guilty if you are a Massachusetts employer provision of this bill. In the
absence of that, clearly this measure of vicarious liability, the guilt by
association provision, we don't address any of the main purposes of the
bill. The provision is a poison pill and
the bill won't go any further. If it
did, there would be lots of litigation that would prolong employees being able
to get all the other protections indefinitely.”
Need Your Help to Pass Indemnity Reform.
See article above for more details.
As of today, just 5% of ASM Members have clicked the link and sent
messages via the automated VoterVoice system.
Click the link below to log in and send your message to your MA Reps:
Family & Medical Leave: A “Grand Bargain” was presented by the
Legislative Working Group Members, including AIM and the Chamber. This Grand Bargain addressed Paid Family and
Medical Leave, Minimum Wage, Premium Pay for Retailers and Sales Tax
Reduction. While some of the provisions
that adversely affect MA businesses have been modified slightly, the overall
bill will require MA employers to support paid family and medical leave, both
financially and staff wise. It remains
to be seen as to whether the Raise Up MA Coalition will “accept” the Grand
Bargain, or if they are going to pursue the more aggressive ballot
initiative. Either way, it seems
relatively clear that some type of Paid Family and Medical Leave program will
be coming to MA in the very near future.
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|ASM Professional Hotlines - Contract Question
An ASM Member recently inquired… Whether the filed sub-bidders or
the general bidders on a project that requires prequalification are responsible
for payment and performance bond premiums?
While the statute is not crystal clear and there are, as of yet,
no decisions on this issue from an appellate court, it is likely, based on the
wording and intent of the statute and the single superior court case addressing
this issue, that other courts may find that a filed sub on a prequalification
project is responsible for the bond premiums while a filed sub on a
non-prequalification job is not. The
basic rational is expressed in the Superior Court decision and is that in the
context of a prequalification project the sub-bidders know prior to bid that
payment and performance bonds are required and that amount can be accounted for
in their bid. In a non-prequalification
project, bonds are not required unless requested by the general bidder which
would only occur after the filed sub-bids have been submitted. Therefore, in this context a filed sub-bidder
cannot be expected to carry the cost of a bond premium in their bid since they
have no idea if one will be requested of them.
G.L. c. 149, sec 44E (provisions for general bid) requires the GC
to “check off” if it requires bids from the sub-bidders it carries and provides: “The undersigned agrees to pay the premium for the
performance and payment bond furnished by the subcontractor as requested herein
and that all of the cost of such premiums is included in the amount set forth
in item 1.”
Presumably in the context of prequalification a GC would not “request” such bonds since
they are required as a condition of prequalification.
G.L. c. 149, sec. 44F(2)(form of sub-bid) provides: “….and if requested to do so in the general bid by
the general bidder, who shall pay the premiums therefor, or if prequalification
is required pursuant to section 44D3/4, furnish a performance and payment bond….in the full sum of
the subcontract price.”
This section requires that the GC pays the premiums if it requests
the bonds in the general bids. There is
no such payment requirement attached to the prequalification clause suggesting
that the premium must be paid for by the filed sub-bidder and should be carried
in its bid.
The single Superior Court case addressing this issue held that “the new statute
specifically requires any sub-bidder that was required to pre-qualify for
bidding to cover the cost of the payment and performance bond on the project.”
Additionally, the Massachusetts Office of the Inspector General in
its “Guide to Bonding Requirements Under Construction Reform” (April 2005)
writes: “If the public owner opts to use prequalification,
and performance bond premium costs are payable by the selected
general contractor or subcontractors.”
While an argument can be made that: (1) the statute is ambiguous;
(2) there is no appellate case law; and (3) if there is evidence that the
general bidder “checked the boxes” and requested bonds of subs (even on a
prequalification) that this would trump any prequalification requirement, these
arguments are likely a big uphill battle. I would suggest that the sub-bidders in this
specific case attempt to get a copy of the general bid to see if the general
bidder “checked the boxes” and requested bonds of the subs. That may provide another arrow in the subs’ quiver.
However, I don’t think this necessarily puts an end to the issue
on this specific Project. The Awarding Authority in this case used a
sub-bid form that was out of date and quoted language from 149, sec. 44F as it
existed before 2004. In 2004 the
statute was amended to include language relating to the prequalification.
Compare: 149, sec. 44F
(Pre-2004) (this mirrors what was used in the bid form) - “and, if requested
so to do in the general bid by such general bidder, who shall pay the premiums
therefor, furnish a performance and payment bond of a surety company qualified
to do business under the laws of the commonwealth and satisfactory to the
awarding authority, in the full sum of the subcontract price.”
With: 149, sec. 44F
(Post-2004) – “….and if requested to do so in the general bid by the general
bidder, who shall pay the premiums therefor, or if prequalification is required pursuant to section
44D3/4, furnish a performance and payment bond of a surety company
qualified to do business under the laws of the commonwealth and satisfactory to
the awarding authority, in the full sum of the subcontract price.”
Use of the pre-2004 statutory bid form is certainly misleading to
sub-bidders since there is no carve out for prequalification and the language
requires the GC to pay for bond premiums without limitation. This would lead bidders to reasonably believe
not to carry bond premiums believing that these amounts would be added by way
of change order later by the GC.
I think that this argument is the strongest support for the subs
being reimbursed for the bond premiums. Perhaps this would also allow the GC to
seek a change from the Owner? I am not
sure of the dollar values involved here but the subs should consider taking all
steps required of them to dispute/protest the RFI and submit requested changes.
If they were to proceed in that manner
they must follow all timing and procedural requirements of their subcontract
and the contract documents.
Special thanks to Corwin & Corwin LLP for helping ASM
Members with Contract issues. Other ASM Member Professional Hotlines
include Employment and Insurance matters. ASM
Members can send their Hotline questions to email@example.com.
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|Member Benefit of the Month|
|ASM Insurance Program
Acadia Insurance offers ASM
members an easy and cost-effective insurance program to help you protect your
business. The program is specifically
designed for subcontractor professionals and provides an all-lines coverage
approach for the specialty trade construction industry. Over $6 million in dividends has been paid to
qualifying ASM Members.
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|Gould Electric to Offer Massachusetts Hot Work Safety Certificate Training
Gould Electric will be
offering Massachusetts Hot Work Safety Certificate Training in Woburn,
Massachusetts and Concord, New Hampshire on various dates throughout July and
Why should you attend this training? 527 CMR1.00:41.7 requires that in order
for an individual to be qualified as a PAI; perform fire watches; or perform,
supervise, or delegate any activities of hot work activity, such individual
must first provide documentation that he or she successfully completed
training. For more information, or to register for a training,
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|Build A Life That Works Campaign Receives 2018 Rosoff Award
The Massachusetts Gaming Commission
(MGC), in conjunction with the Northeast Center for Tradeswomen’s Equity
(NCTE), is pleased to announce that the Build A Life That Works campaign
is a recipient of a 2018 Rosoff Award. The Ad Club’s Rosoff Awards, now in its 22nd
year, honors excellence in meaningful diversity practice and recognizes
organizations and individuals who are successfully changing the face of some of
New England’s largest companies and brands.
Launched by MGC and NCTE in November 2017, the Build A Life That Worksrecruit initiative seeks to inspire women to pursue a career in the union
building trades as a viable path to equal pay for equal work, excellent
benefits, and a better future. This
first-of-its-kind, statewide effort aims to increase tradeswomen in the
building trades to 20% by 2020.
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