June 29, 2020
In This Issue
ASM News
Upcoming Events
Recent Events
Welcome New Members!
ASM Associate Members are your Trusted Partners
Thank you to our 2020 Premium Sponsors
Legislative Update
Legislative Update
Regulatory Update
Regulatory Update
Legal Update
A Word of Difference: Any Insured vs. The Insured
Industry Resources
Checklist of Resources and Tips for Reopening Your Massachusetts Workplace
Acadia Insurance Dividend Program endorsed by ASM ClosePay Billing Option for your Workers’ Compensation
OSHA Update
COVID-19 Frequently Asked Questions
Do You Have A Legal Question? Accessing The ASM Hotline
Are You Following ASM On Social Media?
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ASM News
Upcoming Events

June 29th- DCAMM Proposed Changes to DCAMM Construction and Design Affirmative Marketing Program

July 9- Strategies and Legal Considerations for Workplace COVID-19 Testing- ARCpoint Labs and Hirsch Roberts Weinstein LLP

July 22- Capturing Costs: Lost Productivity and Delays During COVID-19- Perry Associates, LLC. Registration coming soon!

ASM Golf Tournament- we are saddened to report that our Annual Golf Tournament is cancelled for 2020. Special thanks to our entire Golf Committee who work very hard on this event and made the difficult decision to cancel this year. Not only is it a terrific networking event, but our Tournament is critically important to supporting our scholarship program as well as the services of the Association. We very much look forward to coming back in 2021 for our 25th Anniversary Tournament.

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Recent Events


PPP Loan Program Updates With Citrin Cooperman
Password: 5d.3@%Gy

PPP Loan Update- Withum

The Post COVID-19 Construction World: A Strategic Response To The "New Normal" With FMI Corporation

Click here to view the slide deck

 

 

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Welcome New Members!

ASM proudly welcomes the following new members to the Association. The success of ASM depends on strong membership and active participation. If you know of a subcontractor that is not already a member, please encourage them to join to get the benefits of membership and to help strengthen the Association.

Finbarr Mechanical, LLC - Joe McGrath


Finbarr Mechanical strives to deliver a first-class experience in customer service for all of our customers. With a strong team of experienced construction professionals, Finbarr specializes in commercial HVAC construction and service work. Industries served include: Healthcare, Life Sciences, Colleges & Universities, Corporate Interiors, Biotech, Pharmaceuticals and more. Finbarr is owned and managed by Joe McGrath. 

https://www.finbarrmech.com/

Fisher Contracting Corporation- Charran Fisher    

Fisher Contracting Corporation, a full service 8(a), WOSDB, M/WBE & DBE company located in Worcester, MA. Since 1988 we have been a family-owned minority business enterprise, focused on providing turnkey specialty contracting services. Working in a variety of business sectors from interior commercial demolition and construction clean-ups to bridge demolition and environmental remediation.

http://fishercontracting.us/

Notch Mechanical Constructors- Steve Neveu       

Notch Mechanical Constructors’ reputation for quality, dependability, and safety didn’t develop overnight. Since our founding in 1972, we’ve worked hard to become a notch above the competition, developing the best team, learning the best techniques, and employing the best processes to ensure every installation and repair meets your needs and expectations. Let our experience work for you.

https://notch.com/

Superior Sealcoat Inc.- Robert Vita    

Since 1990, Superior Sealcoat, Inc. has been helping municipalities, government agencies, and commercial enterprises throughout New England cost-effectively prolong the life of their paved surfaces. We integrate sound engineering, skilled crews, and innovative equipment and techniques to deliver a superior-quality end product with every project, every time.

http://www.superiorsealcoat.com/

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ASM Associate Members are your Trusted Partners

Are you looking for services from a trusted partner? Consider contacting an ASM Associate Member. Our Associate Members include suppliers, law firms, insurance companies, financial advisors and more. Click here for a list of our Associate Member firms.


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Thank you to our 2020 Premium Sponsors

 





 

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Legislative Update
Legislative Update

As we reported in the last two issues, the Legislature continues to focus on COVID-19 related bills as well as state budgetary matters. As of June 25, 205 bills have been filed in the Massachusetts legislature relative to the pandemic on a variety of topics. Many bills would impact employers.

Over 200 Bills Filed Related to COVID-19

ASM submitted comments to the Joint Committee on Labor and Workforce Development addressing two bills that would place extreme hardship on employers including ASM Members. You can read our letter here.

H. 4745 would require employers to provide “hazard” pay for any employee performing COVID-19 essential services as defined in the Governor’s Executive Order. Hazard pay is defined as 1.5 times the employee’s normal pay rate. Finally, the bill would bar an employer from dismissing or penalizing employees for refusing to perform COVID-19 essential services. This bill, if passed, would take effect retroactively to March, 23, 2020.

Another related bill, H. 4740 would provide that any out-of-home essential worker who becomes infected with COVID-19 will be presumed to have contacted their illness at work. Those employees would receive emergency health hazard benefits under this legislation and would not be required to use sick time, earned time, vacation time or personal time.

MWBE Legislation Up For “Virtual” Public Hearing

Like most things these days, Legislative Committees are doing things virtually. And so the Joint Committee on State Administration & Regulatory Oversight is collecting written testimony until July 2nd on a bill we reported on last month. That is H.4511, a bill filed by the Baker-Polito Administration that gives additional authority to DCAMM and all awarding authorities. Specifically, it would allow the awarding authority to set MBE and WBE participation goals by requiring filed sub-bidders to subcontract up to 10% of the work on filed sub-bids or trade bids on projects where the overall value exceeds $5 million. The bill would also amend the filed sub-bid law to raise the threshold for which the law applies from $150,000 to $1,000,000 total job value and increase the individual bid value from $25,000 to $50,000.

ASM has a long history of supporting ways for more MWBE firms to enter the construction business but at the same time, we will raise some points of concern with some of the specifics in this bill. You may have participated in one of a series of outreach sessions hosted by DCAMM. Click here to access their presentation. ASM currently has a session scheduled with DCAMM on June 29th specifically for ASM Members.

Contractor and Subcontractor Liability Related to COVID-19

There is a bill (H.4744) pending before the Judiciary Committee dealing with contractor liability issues related to COVID-19. The bill would grant immunity to contractors and subcontractors from liability for damages related to delays caused by workforce shortages, schedule changes, and other impacts resulting from COVID19. Those are costs that are more likely to be incurred by subcontractors. While this bill would protect subcontractors from such claims, at the same time it would remove the ability of a subcontractor to recover against a contractor. In another section, the bill would prohibit suits for damages against any employee organization or union for advising their members to refuse to work because of dangerous conditions related to COVID-19.

ASM welcomes your input on all of these bills. Send us an email at mmcdonagh@associatedsubs.com.

Are you interested in legislation and politics? If so, we would love to have you join our Legislative Committee. The Committee meets periodically to review and discuss pressing legislative and regulatory matters and how they would impact ASM and the members. Contact ASM if you would like to volunteer!

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Regulatory Update
Regulatory Update

Update from DCAMM:

REVISED OVERALL ANNUAL PROGRAM PARTICIPATION GOALS FOR MBE & WBE PARTICIPATION ON CERTAIN STATE FUNDED BUILDING PROJECTS

Affirmative Marketing Program Announcement: 

Pursuant to M.G.L. c 7c, §6 and M.G.L. c. 7, §61(l), the Supplier Diversity Office (“SDO”) and the Division of Capital Asset Management and Maintenance (“DCAMM”) have set new Overall Annual Program Goals for Minority Business Enterprise (“MBE”) and Women Business Enterprise (“WBE”) Participation.  These new Overall Annual MBE and WBE Participation Goals apply to the total dollar amount of contracts awarded annually for construction work and design services on affected capital facility projects and state assisted building projects as those projects are defined in the above referenced laws and related Executive Orders. 

Effective July 1, 2020, and until such time as the Overall Annual MBE and WBE Participation Goals may be revised, the MBE and WBE participation goals applicable to annual spending by those affected public awarding authorities on their building construction and design project awards are as follows:

Overall Annual Program Goals Applied to Awarded Projects

Construction Awards  Design Awards 

MBE Participation   4.2%     6.6% WBE Participation   8.8%     15.0%

Important Note: These are annual goals and are only applicable to the overall annual dollar value of contracts awarded by an awarding authority.  These overall annual participation goals should not be applied in setting MBE and WBE participation goals on individual construction or design projects.  Individual project goals shall be set using project specific information including project costs, MBE/WBE availability and other applicable factors.  

For those individual building construction or design contracts advertised for procurement on or after July 1, 2020 for which MBE and WBE Participation Goals are set, the MBE and WBE participation goals shall be established on a project by project basis and be listed as separate MBE and WBE participation goals in procurement documents and contracts. 

MBE and WBE goals for individual building construction and design contracts shall be established on a project by project basis, using project specific information including estimated project costs, MBE/WBE availability, project specific and other applicable factors. Municipal public awarding authorities should contact SDO, and state public awarding authorities should contact DCAMM for additional information on setting project participation goals on individual projects, as well as their project compliance and participation reporting responsibilities. 

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Legal Update
A Word of Difference: Any Insured vs. The Insured



By: John Curran, Partner
Daniel L. Barros, New England Law – Boston
Corwin & Corwin LLP

Subcontractors are often required by contract to name “additional insureds” to their liability insurance policies.  Additional insureds may receive benefits from the named insured’s carrier, such as coverage for and a defense to insurable claims.  However, being an additional insured does not automatically guarantee such benefits, since the “devil may be in the details” of the policy.

In Phoenix Baystate Construction v. First Financial Insurance Company, 97 Mass. App. Ct. 1118 (May 18, 2020), First Financial Insurance Company (FFIC) issued a liability insurance policy to Lanco Scaffolding (Lanco), naming its direct higher-tier contractor, Phoenix Baystate Construction, Co., Inc. (Phoenix), an additional insured. In September 2017, Francisco Perlera (Perlera), a Lanco employee, sued Phoenix for injuries when he fell off scaffolding while working on a project in Chestnut Hill.  Phoenix demanded that Lanco’s insurer, FFIC, hire and pay for a lawyer to defend Phoenix.  FFIC refused.

FFIC contended that the policy contained an exclusion from coverage for injuries of an employee of “any insured.”  Since Perlera was an employee of an insured, Lanco, neither the named insured nor any additional insureds had the right to a defense funded by FFIC. 

While Phoenix acknowledged that this exclusion existed, it disagreed with FFIC’s interpretation.  Phoenix argued that other provisions in the policy referred to “the … insured” and recognized each insured as having its own separate policy. Under Phoenix’s interpretation, the exclusion only barred coverage and a defense for injuries suffered by each insured’s own employees, but not for injuries to employees of other co-insureds. 

The Massachusetts Appeals Court held that FFIC was not obligated to defend Phoenix.  The decision turned on the distinction between the phrases “any insured” and “the insured” in the policy.  The Court held that “any insured” meant just that – any and all named insureds or additional insureds – while “the insured” referred only to the insured who is seeking coverage. The Court concluded that every word of the policy had “been employed with purpose” and these phrases – “any insured” and “the insured” had distinct meanings, were not interchangeable, and were not ambiguous.   The court denied Phoenix a defense since Perlera was an employee of an insured, Lanco.

In light of this decision, the benefits of additional insured status is no guarantee of coverage and a defense from the carrier of the named insured.  Additional insureds are advised to review the policies prior to contract to better understand, assess, and allocate risk based upon claims that are covered and those which are excluded.

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Industry Resources
Checklist of Resources and Tips for Reopening Your Massachusetts Workplace

 

 

 

Below are resources and tips for employers to consider as they navigate the steps required of all Massachusetts workplaces for reopening:  

Comply with Statewide Mandatory Safety Standards and Poster Requirement:   

• All Massachusetts workplaces are required to comply with the Mandatory Safety Standards issued by the Massachusetts Department of Public Health (“DPH”) and the COVID-19 Response Command Center, in consultation with Governor Baker’s Reopening Advisory Board, as they reopen.  

• Businesses that remained operating to provide COVID-19 Essential Services, as defined in a series of executive orders issued by Governor Baker, were required to comply with these Safety Standards effective May 25. 

• All Massachusetts workplaces will be required to sign and post an Employer Attestation Poster that they have complied with these Safety Standards which break down into four categories: Social Distancing; Hygiene Protocols; Staffing and Operations; and Cleaning and Disinfecting.   Comply with Sector-Specific Protocols and Best Practices 

• Employers should refer to Massachusetts Sector-specific protocols and best practices to determine whether they apply to their business.  

• For example, there are Workplace Safety Standards for Office Spaces, which require that workplaces limit occupancy within their office space to no more than 50 percent of (a) the maximum occupancy level specified in any certificate of occupancy or similar permit or as provided for under the state building code; or (b) the business or organization’s typical occupancy as of March 1, 2020.  Other sectorspecific protocols may include different occupancy level requirements.  

Comply with City and Town Requirements

• It is also important that employers check whether the local city or town where they are located has requirements for reopening.  Employers in Boston are advised to review the City of Boston’s Return to Workplace Framework for Commercial Spaces, which in addition to incorporating the Workplace Safety Standards for Office Spaces, supplements them with additional operational recommendations.  Employers located in Somerville, Cambridge, and other cities and towns may be subject to reopening requirements that are in sync with, or vary from, those of the State, and employers are advised to check whether they are in compliance.  

Review Employer Policies   

• As employers formulate plans to comply with the Safety Standards, they will be required to make decisions that may result in new policies or revisions to existing ones.  Employers in office spaces must establish and communicate a worksite specific COVID-19 Prevention Plan for office locations, that includes in part Isolation, Contact Tracing, and a Communication Plan if a worker is diagnosed as positive or comes into close contact with an individual diagnosed as COVID-19 positive.  Employers may decide that drafting a Safety Standards Workplace Policy in compliance with the Massachusetts Mandatory Safety Standards is a good way to both satisfy mandated requirements and communicate to employees that they are considering their safety and well-being.  

 • Employers may also need to revisit their company leave policies.  Employers with under 500 employees are now subject to the Families First Coronavirus Response Act (“FFCRA”), and employees may be eligible for a new form of paid leave available under this new law.  Employers should post the DOL’s FFCRA poster where they post other such posters in their workplace, and may provide employees who request this leave with the HRW FFCRA Request for Leave Form.  

 • Employers may also wish to review their travel, PTO/vacation, reasonable accommodation, safety, and teleworking policies, among others, to determine whether the unprecedented events of COVID-19 warrant policy revisions.

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Acadia Insurance Dividend Program endorsed by ASM ClosePay Billing Option for your Workers’ Compensation

ClosePay is Acadia’s secure web service that allows you to pay your Workers’ Compensation premium based on your actual payroll and payroll cycle. Your premium becomes a more accurate reflection of your business activity.  This may be a more convenient billing option for you to consider to pay your Workers’ Compensation premiums.

Benefits of ClosePay

• More accurate premium invoices based on your actual payroll

• Reduced differences between premiums paid and audit results.

• Payments follow your payroll schedule and premiums paid through Electronic Funds Transfer.

• Available for Subcontractors who self-report payrolls as well as those working with payroll firms.

• No deposit premium is required, and there are no installment fees.

Enrollment in ClosePay is available at policy inception. 

Current Customers: Please contact your agent to request moving your Workers’ Compensation policy to ClosePay at renewal.

New Customers:  For more information regarding the Acadia Insurance Dividend Program and ClosePay, please contact your Acadia agent or John Varitimos, Acadia Marketing Director at  508-263-2505  John.Varitimos@acadia-ins.com.

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OSHA Update
COVID-19 Frequently Asked Questions

This page includes frequently asked questions (FAQs) and answers related to the coronavirus disease 2019 (COVID-19) pandemic.

Cloth Face Coverings

What are the key differences between cloth face coverings, surgical masks, and respirators?

Cloth face coverings:

  • May be commercially produced or improvised (i.e., homemade) garments, scarves, bandanas, or items made from t-shirts or other fabrics.

  • Are worn in public over the nose and mouth to contain the wearer's potentially infectious respiratory droplets produced when an infected person coughs, sneezes, or talks and to limit the spread of SARS-CoV-2, the virus that causes Coronavirus Disease 2019 (COVID-19), to others.

  • Are not considered personal protective equipment (PPE).

  • Will not protect the wearer against airborne transmissible infectious agents due to loose fit and lack of seal or inadequate filtration.

  • Are not appropriate substitutes for PPE such as respirators (e.g., N95 respirators) or medical face masks (e.g., surgical masks) in workplaces where respirators or face masks are recommended or required to protect the wearer.

  • May be used by almost any worker, although those who have trouble breathing or are otherwise unable to put on or remove a mask without assistance should not wear one.

  • May be disposable or reusable after proper washing.

Surgical masks:

  • Are typically cleared by the U.S. Food and Drug Administration as medical devices (though not all devices that look like surgical masks are actually medical-grade, cleared devices).

  • Are used to protect workers against splashes and sprays (i.e., droplets) containing potentially infectious materials. In this capacity, surgical masks are considered PPE. Under OSHA's PPE standard (29 CFR 1910.132), employers must provide any necessary PPE at no-cost to workers.1

  • May also be worn to contain the wearer's respiratory droplets (e.g., healthcare workers, such as surgeons, wear them to avoid contaminating surgical sites, and dentists and dental hygienists wear them to protect patients).

  • Should be placed on sick individuals to prevent the transmission of respiratory infections that spread by large droplets.

  • Will not protect the wearer against airborne transmissible infectious agents due to loose fit and lack of seal or inadequate filtration.

  • May be used by almost anyone.

  • Should be properly disposed of after use.

Respirators (e.g., filtering facepieces):

  • Are used to prevent workers from inhaling small particles, including airborne transmissible or aerosolized infectious agents.

  • Must be provided and used in accordance with OSHA's Respiratory Protection standard (29 CFR 1910.134).

  • Must be certified by the National Institute for Occupational Safety and Health (NIOSH).

  • OSHA has temporarily exercised its enforcement discretion concerning supply shortages of disposable filtering facepiece respirators (FFRs), including as it relates to their extended use or reuse, use beyond their manufacturer's recommended shelf life, use of equipment from certain other countries and jurisdictions, and decontamination.

  • Need proper filter material (e.g., N95 or better) and, other than for loose-fitting powered, air purifying respirators (PAPRs), tight fit (to prevent air leaks).

  • Require proper training, fit testing, availability of appropriate medical evaluations and monitoring, cleaning, and oversight by a knowledgeable staff member.

  • OSHA has temporarily exercised its enforcement discretion concerning annual fit testing requirements in the Respiratory Protection standard (29 CFR 1910.134), as long as employers have made good-faith efforts to comply with the requirements of the standard and to follow the steps outlined in the March 14, 2020, and April 8, 2020, memoranda (as applicable to their industry).

  • When necessary to protect workers, require a respiratory protection program that is compliant with OSHA's Respiratory Protection standard (29 CFR 1910.134). OSHA consultation staff can assist with understanding respiratory protection requirements.

  • FFRs may be used voluntarily, if permitted by the employer. If an employer permits voluntary use of FFRs, employees must receive the information contained in Appendix D of OSHA's Respiratory Protection standard (29 CFR 1910.134).


1 If surgical masks are being used only as source control—not to protect workers against splashes and sprays (i.e., droplets) containing potentially infectious materials—OSHA's PPE standards do not require employers to provide them to workers. However, the General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health Act, requires each employer to furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm. Control measures may include a combination of engineering and administrative controls, including safe work practices like social distancing. Choosing to ensure use of surgical masks for source control may constitute a feasible means of abatement as part of a control plan designed to address hazards from SARS-CoV-2, the virus that causes COVID-19. Back to Text

Are employers required to provide cloth face coverings to workers?

Cloth face coverings are not considered personal protective equipment (PPE) and are not intended to be used when workers need PPE for protection against exposure to occupational hazards. As such, OSHA's PPE standards do not require employers to provide them.

  • The General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health Act, requires each employer to furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm. Control measures may include a combination of engineering and administrative controls, safe work practices like social distancing, and PPE.

  • However, employers may choose to ensure that cloth face coverings are worn as a feasible means of abatement in a control plan designed to address hazards from SARS-CoV-2, the virus that causes COVID-19. Employers may choose to use cloth face coverings as a means of source control, such as because of transmission risk that cannot be controlled through engineering or administrative controls, including social distancing.

Should workers wear a cloth face covering while at work, in accordance with the Centers for Disease Control and Prevention recommendation for all people to do so when in public?

OSHA generally recommends that employers encourage workers to wear face coverings at work. Face coverings are intended to prevent wearers who have Coronavirus Disease 2019 (COVID-19) without knowing it (i.e., those who are asymptomatic or pre-symptomatic) from spreading potentially infectious respiratory droplets to others. This is known as source control.

Consistent with the Centers for Disease Control and Prevention (CDC) recommendation for all people to wear cloth face coverings when in public and around other people, wearing cloth face coverings, if appropriate for the work environment and job tasks, conserves other types of personal protective equipment (PPE), such as surgical masks, for healthcare settings where such equipment is needed most.

Employers have the discretion to determine whether to allow employees to wear cloth face coverings in the workplace based on the specific circumstances present at the work site. For some workers, employers may determine that wearing cloth face coverings presents or exacerbates a hazard. For example, cloth face coverings could become contaminated with chemicals used in the work environment, causing workers to inhale the chemicals that collect on the face covering. Over the duration of a work shift, cloth face coverings might also become damp (from workers breathing) or collect infectious material from the work environment (e.g., droplets of other peoples' infectious respiratory secretions). Workers may also need to use PPE that is incompatible with the use of a cloth face covering (e.g., an N95 filtering facepiece respirator).

Where cloth face coverings are not appropriate in the work environment or during certain job tasks (e.g., because they could become contaminated or exacerbate heat illness), employers can provide PPE, such as face shields and/or surgical masks, instead of encouraging workers to wear cloth face coverings. Like cloth face coverings, surgical masks and face shields can help contain the wearer's potentially infectious respiratory droplets and can help limit spread of COVID-19 to others.

Note that cloth face coverings are not considered PPE and cannot be used in place of respirators when respirators are otherwise required.

Learn more about cloth face coverings on the CDC website.

Employers should consider evaluating their accessible communication policies and procedures to factor in potentially providing masks with clear windows to facilitate interaction between employees and members of the public who need to lip-read to communicate.

If workers wear cloth face coverings, do employers still need to ensure social distancing measures in the workplace?

Yes. Cloth face coverings are not a substitute for social distancing measures.

If I wear a reusable cloth face covering, how should I keep it clean?

CDC provides guidance on washing face coverings. OSHA suggests following those recommendations, and always washing or discarding cloth face coverings that are visibly soiled.

Are surgical masks or cloth face coverings acceptable respiratory protection in the construction industry, when respirators would be needed but are not available because of the COVID-19 pandemic?

No. Employers must not use surgical masks or cloth face coverings when respirators are needed.

In general, employers should always rely on a hierarchy of controls that first includes efforts to eliminate or substitute out workplace hazards and then uses engineering controls (e.g., ventilation, wet methods), administrative controls (e.g., written procedures, modification of task duration), and safe work practices to prevent worker exposures to respiratory hazards, before relying on personal protective equipment, such as respirators. When respirators are needed, OSHA’s guidance describes enforcement discretion around use of respirators, including in situations in which it may be necessary to extend the use of or reuse certain respirators, use respirators beyond their manufacturer's recommended shelf life, and/or use respirators certified under the standards of other countries or jurisdictions.

The Centers for Disease Control and Prevention and OSHA have described crisis strategies intended for use in healthcare in which surgical masks or cloth face coverings may offer more protection than no mask at all when respirators are needed but are not available. Such information is not intended to suggest that surgical masks or cloth face coverings provide adequate protection against exposure to airborne contaminants for which respirators would ordinarily be needed. Although OSHA's enforcement guidance describes equipment prioritization that includes surgical masks, employers must still comply with the provisions of any standards that apply to the types of exposures their workers may face. For example, the permissible exposure limits of all substance-specific standards, such as asbestos and silica, remain in place, and surgical masks are not an acceptable means of protection when respirators would otherwise be required (e.g., when engineering, administrative, and work practice controls do not sufficiently control exposures).

If respirators are needed but not available (including as described in the OSHA enforcement guidance noted above), and hazards cannot otherwise be adequately controlled through other elements of the hierarchy of controls (i.e., elimination, substitution, engineering controls, administrative controls, and/or safe work practices), avoid worker exposure to the hazard. Whenever a hazard presents an imminent danger, and in additional situations whenever feasible, the task should be delayed until feasible control measures are available to prevent exposures or reduce them to acceptable levels (i.e., at or below applicable OSHA permissible exposure limits).

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Do You Have A Legal Question? Accessing The ASM Hotline

As an employer, you face a myriad of issues including employee leave, discrimination, wage and hour rules, hiring and termination.  As a construction business, you face a host of issues through the life of a project, including bidding, contract terms, payment and more. When issues arise, it’s often hard to know what to do. There is an easy way to get quick answers to your questions – ASM’s Hotline –FREE to ASM Members.

How do I access the Hotline? Send an email to mail@associatedsubs.com. We will forward your question to the appropriate attorney who will respond by phone or email.

Who are the attorneys?

Construction questions are referred to JohnM. Curran, Esq. at the law firm of Corwin & Corwin LLP, which has served as legal counsel to ASM for more than 65 years.

Employment questions are referred to David B. Wilson, Esq. and Catherine E. Reuben,Esq., at the law firm of Hirsch Roberts Weinstein, LLP.


Insurance questions are referred to David M. O’Connor, Esq. at the law firm of O’Connor & Associates, LLC.
 


What if I already have my own lawyer?
You can still call the Hotline. It is a privilege of membership in ASM.

What kind of help can I expect?
The attorney will typically spend 5-15 minutes addressing questions that can be answered easily based on years of experience in their areas of practice. You will receive information to help you determine whether to handle the issue yourself or to seek professional help to pursue legal action. The Hotline is limited in scope and does not include research or document preparation.

To pursue legal action, do I have to use the Hotline attorney? No. You are free to use your own attorney or you may retain a hotline attorney. The choice is up to you and it is a private matter between you and the attorney.


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Are You Following ASM On Social Media?

ASM is now on Instagram. Check us out, follow us, and comment on our photos!

Please also like the ASM Facebook page and follow us on Twitter and LinkedIn.

 



 

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Published by:

Associated Subcontractors of Massachusetts, Inc.
15 Court Square, Ste. 840
Boston, MA 02108

617-742-3412

 
http://www.associatedsubs.com