|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.
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:
Commissioner – Design and Construction Jay Mitchell
Controls Janet Fishstein
– Brian McPherson
Young Professionals night at the Celtics
WEDNESDAY, MARCH 18, 2020
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.
Alliance (“NSA”) Conference
April 22-24, 2020
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/
mark your calendar for two of ASM’s major events this year:
Annual ASM Golf Tournament- July 13th, The International Golf Course in
Bolton. Brochures will be mailed out at the end of February.
October 5th- Newton Marriott Hotel. Don't miss the largest networking gathering of General Contractors and Subcontractors of the year.
you looking to get your name in front of over 300 subcontractors, suppliers,
consultants, insurers, attorneys, and more? Then consider becoming an ASM
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.
ASM and speak to Peggy Duffy-Shea at 617-742-3412 or email@example.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
Application for Collages Students
Application for Trade School Students
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, firstname.lastname@example.org
|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
Sign-up at: partrunner.com/signup/asm and give it a try!
For more information: email@example.com | (831) 704-151
|2019-2020 Legislature Back in Session
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
Stories in 2019
Opens- One of the largest private jobs in state history but not without
Diving Law- Passed into law last year and enforcement will begin on Feb.
Fighting- We were the last state to approve our budget last year. And the
2021 budget discussion and debate will start this spring.
Ambition from Massachusetts- Elizabeth Warren, Bill Weld, Seth Molton, and
Takes on Markey- If you like politics, it goes without saying this is a
race to watch.
New studies telling us what we already seem to know.
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.”
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 firstname.lastname@example.org
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
|Do You Have A Legal Question? Accessing The ASM Hotline
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 email@example.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.
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.
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.
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
“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
“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
Gallagher is pleased to announce that two of their employees, Leah
Hoffman and Steve McNamara, have been promoted.
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.
earned her bachelor’s degree in Psychology from Salem State University.
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.
earned his bachelor’s degree in Operations Management from Bridgewater State
|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.