Include ASA’s model “stickers” in your tactics to avoid potentially damaging language hidden in the “fine print” of routine project documents. Change orders, pay applications and other routine documents all too often contain language limiting subcontractors’ rights. ASA members can download the model “stickers” from the ASA Web site and affix them to:

• Signed change orders submitted to customers. The ASA Change Order Reservation of Rights sticker reserves your company’s rights to “additional claims for any delays, inefficiencies, disruption or suspension, extended overhead, acceleration, and the cumulative impact of this and other change orders issued to this date.”
• Signed lien or bond waivers submitted to customers. The ASA Lien Waiver Reservation of Rights sticker specifies that your company does not waive “any lien or bond rights securing payment of retainage, unbilled changes, and claims which have not been asserted in writing or which have not yet become known to Subcontractor.”
• Signed payment applications submitted to customers. The ASA Payment Application Reservation of Rights sticker makes releases or waivers “effective only to the extent of payments actually received and … inapplicable to work performed and/or materials furnished for which payment has not been received.”
• Signed schedule approvals submitted to customers. The ASA Schedule Approval Reservation of Rights sticker reserves your company’s right to claims for “additional costs with respect to unresolved issues” and claims resulting from work that does not proceed in accordance with the schedule because of the actions of others.

Print the ASA stickers on Avery 5163 (or equivalent) labels and keep them handy in your office. The stickers are available under “Contracts and Project Management” in the Member Resources section of the ASA Web site.