Legal Seminar: Negotiating Subcontracts – Western MA edition

Every now and then it is a good idea to step back and consider some of the provisions in those lengthy contracts that you are asked to sign. On January 16th, ASM Members participated in an interactive seminar in Springfield with construction attorneys David Wilson and John Curran with Corwin & Corwin. There was discussion about some practical contract negotiations considerations and some legal pitfalls for the unwary. Topics included scope of change orders, prompt pay, retainage, indemnification, and more.


ASM Safety Roundtable: OSHA Update

OSHA Update- On January 15th, ASM the Safety Roundtable met to hear an update from OSHA. Mark Heffron, Sr. Safety and Health Specialist OSHA Region 1 discussed all that is new at OSHA including safety statistics, penalty increases, and OSHA’s criminal investigation process. The program ended with an explanation of OSHA’s Multiemployer workplace enforcement and citation policy with Q&A. More information on this policy can be found on OSHA’s website here: https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_id=2024&p_table=DIRECTIVES


On the subject of safety, please note that OSHA Region 6 and OSHA Education Centers in Louisiana, Oklahoma, and Texas, are offering a free video on electrical safety. The video provides guidance on how to prevent fatalities and injuries from common hazards of working with electricity. This one-hour video will be available for viewing on January 27, 2020.  For more information and to register to receive the video link, please click here.  

Upcoming Events

What's New At DCAMM
WEDNESDAY, FEBRUARY 12, 2020
7:30 – 10:00 AM | Hilton Garden Inn, Waltham

 Commissioner Gladstone will talk about the conversion to online bidding and other recent changes to improve the procurement process and will give a heads up on changes in the works to improve change order processing and payment procedures.  She will also give an update on the state's capital program and projects on the horizon in the coming year. Don’t miss this opportunity to ask questions and get the latest information on doing business with DCAMM, straight from the source!

Joining her will be her leadership team from the Office of Finance & Administration (OFA), and the Office of Planning, Design & Construction (OPDC), including:

Deputy Commissioner – Design and Construction Jay Mitchell

Director-Project Controls Janet Fishstein

Director – Brian McPherson


Young Professionals night at the Celtics
WEDNESDAY, MARCH 18, 2020

ASM YP will return again this year to the Boston Garden on March 18th to watch the Celtics take on the New York Knicks. A limited amount of tickets will be available so watch your email for registration information.

National Subcontractor Alliance (“NSA”) Conference
April 22-24, 2020

The National Subcontractor Alliance has announced details of the 2020 “SUBCON” Conference to be held on April 22-24 in Charlotte, North Carolina. The conference will offer education and networking for subcontractors, association staff, and construction attorneys across the country. For more information contact ASM or visit NSA at https://www.nationalsubcontractors.com/

Save the Date!

Please mark your calendar for two of ASM’s major events this year:

25th Annual ASM Golf Tournament- July 13th, The International Golf Course in Bolton. Brochures will be mailed out at the end of February.

ASM’s “GC Showcase”- October 5th- Newton Marriott Hotel. Don't miss the largest networking gathering of General Contractors and Subcontractors of the year.

Sponsorship Opportunities

Are you looking to get your name in front of over 300 subcontractors, suppliers, consultants, insurers, attorneys, and more? Then consider becoming an ASM Premium Sponsor.

Sponsorships are the best way to build brand awareness, gain recognition for your company, and show your support for the Association.

We have various sponsorship levels available to match your budget.

Contact ASM and speak to Peggy Duffy-Shea at 617-742-3412 or peggy@associatedsubs.com.


2020 ASM Scholarships Applications Now Open

Applications are now being accepted for eight ASM 2020 Scholarships totaling $10,000. Four $2,000 scholarships will be awarded to ASM Member employees and immediate family members (spouse/child), who are enrolling in an accredited college or university. In addition, 2- year community college students are eligible to apply. Also, four $500 trade school scholarships will be awarded.

Application for Collages Students

Application for Trade School Students


Membership Renewal

Thank you for your membership in 2019! It is your commitment to ASM that allows us to be successful and we hope you can renew your membership now if you haven’t already done so. You can review by mail, phone, or at our website www.associatedsubs.com using a credit card. Installment payments are available, just call the office for details.


Welcome New Members

Commercial Air Control, Weymouth, MA

Since 1972 general contractors and facility owner-operators alike have depended on the expertise of Commercial Air Control for reliable and high quality mechanical services. From our locations in the south shore of Boston and southern New Hampshire, we proudly provide HVAC infrastructure design, installation, repairs and renovations, and maintenance plans to industrial and commercial facility owners and general contractors throughout the New England states of Massachusetts, New Hampshire, Rhode Islands, Connecticut and Maine.

Whether you’re in need of heating, air conditioning, plumbing, or energy efficiency services, we provide you with a variety of options to keep your facility at top-notch. Our trained professionals are available 24 hours a day, 7 days a week for your convenience and will always make sure that you experience the best in customer service, no matter what service you choose.



R.P. Marzilli & Company, Medway, MA 

R.P. Marzilli & Company is a full service landscape contractor that builds and maintains the finest residential landscapes. Since 1985, our skilled team of landscape professionals has delivered the highest quality and best value for our clients. Our projects are built on country estates, oceanfront bluffs, suburban gardens and city courtyards. Our services include complete site preparation, planting, masonry, landscape lighting, irrigation, pools and water features. We also provide masonry for interior projects such as wine cellars and other architectural stone work. Our horticulture team maintains fine gardens, lawns, trees and seasonal flowers in containers or planting beds. We prepare your property for special events, install enhancements, and manage all of the landscape to meet any clients’ needs or the inevitable change of seasons. We are dedicated to the daily beauty and long term integrity of the landscape.



Sales Solutions Inc, Newburyport, MA

Sales Solutions Inc is a manufacturer’s rep company specializing in the promotion and marketing of leading edge work zone safety, traffic control, fall protection and personal protective products throughout the East Coast. Our Mission: To earn your trust by providing good quality innovative products to keep your people safe by visiting your location to understand your working needs. We show you a range of products so you can select the quality you want at a cost within your budget. Sales Solutions Inc strives for excellent follow through, so you get products on time, every time. Jack Padden, CPMR CFO, jack@salessolutionsinc.net


New ASM Member Benefit- PartRunner

ASM Members will receive a discount when using PartRunner, an on demand delivery service.

Used by over 60 companies in the area and having over 200 trucks, PartRunner enables contractors and suppliers to move any type of material On-Demand (Within 2 Hours). It is Uber-like for the Trades.

Some companies that have used PartRunner include: United Refrigeration, DCNE, The Portland Group, Peabody Supply, Northeastern Mechanical, Bent Electrical, Patriot Plumbing, MacDougall Plumbing and Heating, JC Higgins, Northeast Cooling Towers, Premier Mechanical, LC Anderson, and Markarian Electric.

Sign-up at: partrunner.com/signup/asm  and give it a try!

For more information: y.rozen@partrunner.com | (831) 704-151

2019-2020 Legislature Back in Session

We are now down to the final six months of the legislative 2019-2020 session. And if you are an observer, you know that these six months tend to be where most of the legislative activity happens in the session. Before we look at what’s ahead, here is a recap of what have been identified as the top legislative stories of 2019

Tops Stories in 2019

10. Encore Opens- One of the largest private jobs in state history but not without controversy.

9. Hands-Free Diving Law- Passed into law last year and enforcement will begin on Feb. 23, 2020.

8. Budget Fighting- We were the last state to approve our budget last year. And the 2021 budget discussion and debate will start this spring.

7. Presidential Ambition from Massachusetts- Elizabeth Warren, Bill Weld, Seth Molton, and Deval Patrick.

6. Kennedy Takes on Markey- If you like politics, it goes without saying this is a race to watch.

5. Traffic- New studies telling us what we already seem to know.

4. RMV Scandal- Wait for more changes in the law in 2020.

3. MBTA- Derailments and service problems with the T.

2. Vaping- Ongoing issue declared a “public health crisis.”

1. School Funding Reform- Many years in the making, the new law commits $1.5 billion over seven years although the law does not create any new revenue sources.

Looking ahead to July 31,2020.

July 31 will mark the end of the formal session. Undoubtedly one of the biggest stories will be how the state will pay for education reform and transportation improvements. As of last week, the House has committed to not raising sales or income tax but did indicate that whatever is proposed, it is likely to be more than an increase in the gas tax. No word from the Senate yet.  

As for ASM issues, the next six months give us a chance to promote our indemnity bill which seeks to level the playing field by prohibiting GCs from requiring subs to provide contractual indemnification even when the subcontractor is not at fault.

Among the over 100 bills filed that deal with construction, ASM is monitoring a bill that would establish a special commission to study the participation of minority business enterprises and women business enterprises in public construction projects. The bill would grant ASM, along with a number of other stakeholders, a seat on the special commission, which would make recommendations to the legislature.

Attorney General’s Office Enforcing Wage Laws

As part of an ongoing initiative to combat wage theft in the construction industry, Attorney General Maura Healey announced last week that her office issued 205 citations against 102 construction companies in 2019 for violating the state’s wage and hour and prevailing wage laws. As a part of these enforcement actions, more than 850 employees will receive $1.6 million in restitution and the companies will pay nearly $1.3 million in fines.

The AG’s office also debarred 17 companies and individuals that failed to comply with citations. These companies will be barred from obtaining public construction contracts in Massachusetts.

Violations in these cases, handled by the AG’s Fair Labor Division, include the failure to pay wages in a timely manner, to pay overtime, and to furnish records for inspection, as well as retaliation. For work performed on public construction projects, violations include failure to pay the prevailing wage, to submit true and accurate certified payroll records, and to register and pay apprentices appropriately.


Notice From The Department Of Family And Medical Leave

The Department of Family and Medical Leave is providing guidance as to what qualifies as (i) a temporary disability policy or program of an employer; or (ii) a paid family, or medical leave policy of an employer, for purposes of reimbursement under M.G.L. c. 175M, section 3(c).
 
To qualify for such reimbursements from the Department, a (i) temporary disability policy or program of an employer; or (ii) paid family, or medical leave policy of an employer, must be a policy or program that is granted to an employee for a qualifying reason under M.G.L. c. 175M, that is separate from and in addition to any sick leave, annual leave, vacation, personal leave, or paid time off that is made available to the employee.  Employers will not be eligible for reimbursement from the DFML for payments to an employee where the employee has elected to utilize sick leave, annual leave, vacation, personal leave, or paid time off.

A voluntary program where employees may donate leave time to fund a bank for the benefit of a co-worker experiencing a qualifying reason under M.G.L. c. 175M may be reimbursable under section 3(c).     In order to be eligible for any reimbursement under this section, employers will be required to produce evidence that payments to employees for a qualifying reason were consistent with this policy statement.

If you have a question regarding this policy, please email ASM Legal Hotline atmail@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!

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.


Three New Promotions At The Marr Companies

The Marr Companies today announced three important promotions in administration and field operations.

William Sullivan has been promoted to Vice President, Controller at Marr Scaffolding Company (MSC). Bill joined MSC as Accounting Manager in 2013 and was promoted to Assistant Controller in 2016 and then Controller in 2017. Bill holds a Master of Business Administration degree from Bryant University as well as a Bachelor of Science, Management degree from Bentley University. Bill’s skills and expertise along with his sound leadership abilities have been valuable assets to MSC’s Accounting Department.

 

 

David Marr Jr. has been promoted to Vice President of Marr Crane & Rigging (MC&R). David has been a Sales Representative for the Crane Division of Marr Crane & Rigging for ten years. In 2019, he was designated as a trustee by the Building Trades Employers’ Association of Boston and Eastern Massachusetts, Inc. (BTEA) to the Operating Engineers Local #4 Pension, Health & Welfare Fund and the Annuity & Savings Fund. David holds a Bachelor of Arts degree in History from Bates College. He is the son of David B. Marr, President, MC&R and a member of the 6th generation of Marr family members to work for The Marr Companies. David joins the management team equipped with the field and industry experience to make important contributions to Marr Crane & Rigging.

Chris Foley has been promoted to the position of General Manager at Isaac Blair & Co. Inc. Chris joined the Isaac Blair team as Project Manager in 2017 and has increasingly provided field management for a variety specialty shoring projects. He holds a Bachelor of Science degree in Construction Management from Wentworth Institute of Technology and maintains a Massachusetts Construction Supervisor’s license. Chris’ breadth of knowledge, in addition to his experience in providing project management services, will continue to serve him and the Isaac Blair team as he takes on this expanded management role.


The Marr Companies
, established in 1898, consists of Daniel Marr & Son Company, Marr Scaffolding Company, Marr Crane & Rigging and Isaac Blair & Co., Inc.  This year marks the company’s 122nd year servicing the New England construction industry.             

The Boston Globe Names E.M. Duggan A Top Place To Work For 2019

Magazine honors the best employers in Massachusetts

“We are honored and grateful to all of our employees, this award is a true reflection of them.”

E.M. Duggan has been named one of the Top Places to Work in Massachusetts in the 12th annual employee-based survey project from The Boston Globe.

Top Places to Work recognizes the most admired workplaces in the state voted on by the people who know them best—their employees. The survey measures employee opinions about their company’s direction, execution, connection, management, work, pay and benefits, and engagement.

E.M. Duggan was ranked fourth in the large business category. In 1891 Ed Duggan started

out as a mom and pop shop, to more than five hundred employees, operating out of three massive buildings in Canton and another in Boston. Their drive and perseverance make them one of the oldest family run HVAC, plumbing and fire protection companies in the country. They also specialize in BIM, Contracting, Design, Special Projects, and 24/7 Service.

“We are extremely honored to place this high in the Boston Globe’s 2019 Top Places to Work,” states Executive Vice President Len Monfredo. “The fact, that it is our employees, who take the surveys and actually rank the company, compiled with the fact that we have so many hard-working men and women out on construction job sites, who feel this way about Duggan, makes it even more meaningful.

Edward Duggan II fostered a culture of high standards for both their clients and workers. It has been and will always be our mission to make sure each and every employee knows they are valued.”

“The companies that make our list are much more than just decent employers, ” said Katie Johnston, the Globe’s Top Places to Work editor. “They make work fun, and they make their people feel cared for. Some of them even help employees realize dreams that have nothing to do with their jobs.”

The rankings in Top Places to Work are based on confidential survey information collected by Energage, an independent company specializing in employee engagement and retention, from nearly 66,000 individuals at 323 Massachusetts organizations. The winners share a few key traits, including offering progressive benefits, giving their employees a voice, and encouraging them to have some fun while they’re at it.

TG Gallagher Announces Two Employee Promotions

TG Gallagher is pleased to announce that two of their employees, Leah Hoffman and Steve McNamara, have been promoted.

Leah Hoffman has been promoted to Project Manager. Over the last 2 years with TG Gallagher, Leah has played a critical role in the success of numerous notable projects such as Boston College Recreation Center, Analog Devices, MIT Investment Management Company Site 5, and the MIT Museum. Leah has worked hard to ensure exceptional service to her clients, and her experience will enable her to excel in her newly expanded leadership role. Leah will be managing project scheduling and client service.

Leah earned her bachelor’s degree in Psychology from Salem State University.

Steve McNamara has been promoted to Project Executive. Over the last 3 years with TG Gallagher, Steve has spearheaded many high-rise projects such as Fan Pier D, Pier 4, and the Northeastern University ICBM Building 5. In the coming year, he will be working on MIT Site 3 and the Fenway Theater Project. He has proven to be a natural leader during his time here and is always striving to improve both himself and the company. Steve’s wide variety of experience in past projects, such as plan and spec residential, design assist in higher education, and owner direct work as a mechanical prime contractor, has provided him with the skills to succeed in his new role. Steve will be leading a team of Project and Assistant Project Managers in a variety of projects with a focus on the needs of the customer and continued growth for TG Gallagher.

Steve earned his bachelor’s degree in Operations Management from Bridgewater State University.

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