1. S.A.C.K. LUNCH: WHAT THE NEW HEALTHCARE LAW MEANS FOR YOU AND YOUR COMPANY – SEPT. 2 Seating is limited! ** Event Details 2. 10-HOUR OSHA TRAINING MARATHON – SEPT. 11 The course is designed for construction workers, construction foremen, jobsite superintendents, project managers, and anyone involved in the construction industry. Upon successful completion of the course, participants will receive an OSHA 10-Hour Construction Outreach Department of Labor completion card the same day. **Event Details
3. COMMITTEE AND TASK FORCE SEEKING INPUT: SCHOLARSHIP & EXCELLENCE IN CONSTRUCTION AWARDS ASA-HC has a task force and a committee that need input/participation from members. The scholarship task force will meet Thursday, Sept. 2 at 2:00 p.m, to discuss the restructuring of the Brian T. Harrington Scholarship Fund and the Excellence in Construction Awards committee will meet on Thursday, Sept. 9 at 2:30 p.m. to begin planning the 2011 event. If you, or anyone in your company, are interested in participating in either of the groups, please contact the ASA-HC office.
4. OSHA ANNOUNCES MAJOR CHANGE TO OUTREACH TRAINING PROGRAM DELIVERY REQUIREMENTS On Aug. 10, 2010 the Occupational Safety and Health Administration (OSHA) announced a major change to its OSHA Outreach Training Program Delivery Requirements. Training will now be limited to 7.5 hours per day which will require 10-hour courses to be conducted over a minimum of two days and 30-hour courses over a minimum of four days. The revision is effective immediately and will be incorporated into the October 2010 revision of the Outreach Training Program Guidelines, however, a grace period will be allowed until January 1, 2011. **OSHA Memorandum
5. CONSTRUCTION ISSUES FOR 2011 TEXAS LEGISLATURE: LOAN DEFAULT The Texas Legislature will reconvene for a 140 day session on January 11, 2011. While new issues may arise, the Texas Construction Association Board of Directors has set the priority issues for the Texas 2011 – 82nd legislative session. Each week ASA-HC highlights one of the issues that TCA will be working on. This week’s issue: Loan Default: A lender should be required to give subcontractors and prime contractors notice of an owner's default on a construction loan. This notice will allow for work to be suspended until the default is cured. If a lender fails to provide the notice, the lenders security interest should become subordinate to the value provided by the work performed by the subcontractors and prime contractor. **TCA 2011 Legislative Issues (detailed list)
6. WHAT HAS ASA DONE FOR YOU LATELY? ASA Offers Free Podcast ‘Establishing the Right to Payment Assurances' In this month’s free contract podcast for ASA members, “Establishing the Right to Payment Assurances,” learn why payment assurances are a valuable risk management tool for subcontractors. In this podcast, Eric Travers, Esq., of the Columbus, Ohio-based law firm of Kegler, Brown, Hill and Ritter, warns that subcontractors “can do everything correctly on the job and still not get paid.” One of the best ways to protect your payment is to obtain project financing information. Documents like the ASA Addendum to Subcontract (2008) “set up the contractor’s obligation to provide (financial) disclosure to the subcontractor as a condition precedent to the subcontractor’s performance.” Additionally, the ConsensusDOCS model subcontract (750) and general conditions (200) forms obligate the owner to provide the subcontractor with project financing information, upon written request, and to give notice of any changes in project financing. While some owners and upper-tier contractors are hesitant to share project financing information, subcontractors should seek it and then exercise the right, says Travers. Early knowledge of project financing arrangements is vital; this information could mean the difference between your company staying in business or going bankrupt. Download the podcast with an accompanying white paper on the Member Resources page of the ASA Web site, www.asaonline.com.
