The Contractor's Compass - Election Results: What do they mean?

THE OFFICIAL EDUCATIONAL JOURNAL OF THE AMERICAN SUBCONTRACTORS ASSOCIATION

THE

DECEMBER 2020

Election Results

What Do They Mean?

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DECEMBER 2020

EDITORIAL PURPOSE The Contractor’s Compass is the monthly educational journal of the Foundation of the American Subcontractors Association, Inc. (FASA) and part of FASA’s Contractors’ Knowledge Network. The journal is designed to equip construction subcontractors with the ideas, tools and tactics they need to thrive.

The views expressed by contributors to The Contractor’s Compass do not necessarily represent the opinions of FASA or the American Subcontractors Association, Inc. (ASA).

MISSION FASA was established in 1987 as a 501(c)(3) tax-exempt entity to support research, education and public awareness. Through its Contractors’ Knowledge Network, FASA is committed to forging and exploring the critical issues shaping subcontractors and specialty trade contractors in the construction industry. FASA provides subcontractors and specialty trade contractors with the tools, techniques, practices, attitude and confidence they need to thrive and excel in the construction industry.

FASA BOARD OF DIRECTORS Richard Wanner, President Courtney Little Richard Bright Anthony Brooks Brian Cooper Jack Austhof SUBSCRIPTIONS The Contractor’s Compass is a free monthly publication for ASA members and nonmembers. For questions about subscribing, please contact communications@asa-hq.com.

ADVERTISING Interested in advertising? Contact Richard Bright at (703) 684-3450 or rbright@ASA-hq.com or advertising@ASA-hq.com.

EDITORIAL SUBMISSIONS Contributing authors are encouraged to submit a brief abstract of their article idea before providing a full-length feature article. Feature articles should be no longer than 1,500 words and comply with The Associated Press style guidelines. Article submissions become the property of ASA and FASA. The editor reserves the right to edit all accepted editorial submissions for length, style, clarity, spelling and punctuation. Send abstracts and submissions for The Contractor’s Compass to communications@ASA-hq.com.

ABOUT ASA ASA is a nonprofit trade association of union and non-union subcontractors and suppliers. Through a nationwide network of local and state ASA associations, members receive information and education on relevant business issues and work together to protect their rights as an integral part of the construction team. For more information about becoming an ASA member, contact ASA at 1004 Duke St., Alexandria, VA 22314-3588, (703) 684-3450, membership@ASA-hq.com, or visit the ASA Web site, www. asaonline.com.

LAYOUT Angela M Roe angelamroe@gmail.com © 2020 Foundation of the American Subcontractors Association, Inc.

F E AT U R E S The Election Roulette Wheel Is Still Spinning.......................................9

by Brendan M. Keating, IntegTree LLC Out of the Frying Pan, and Into the . . . ..................................................12

by Anirban Basu, Sage Policy Group, Inc.

Election 2020 and the Lame Duck Session of Congress..............15

by Mike Oscar, ASA What Contractors Should Expect under a Biden-Harris Leadership..............................................................16

by Patrick Hogan, CEO, Handle.com Will the New Administration Have an Impact on Construction?...............................................................................18

by Jack Rubinger, construction industry writer The Future Is Coming: Top Tips to Shape the Lessons of 2020 into Success in 2021...................................................20

by Mark Drury, Shapiro & Duncan

D E PA R T M E N T S ASA PRESIDENT'S LETTER..........................................................................5 CONTRACTOR COMMUNITY......................................................................6 LEGALLY SPEAKING: The 2020 Elections, and What They Mean.......................................... 23

by Brian J. Schoolman, Safran Law Offices

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PRESIDENT ’S LE T TER

We’ve made it! 2020 has been a year unlike any we have ever seen, but we have persevered through everything this year has thrown at us. ASA members are strong, and we will always be stronger together as our collective voice grows louder for the issues important to our industry. If you have colleagues in the industry who are not ASA members, let them know what they are missing! We would love for them to add their voice to everything we do, and welcome them into the incredible community that we call ASA. There is so much available to you and your business as ASA members at the chapter level and through ASA National, and that makes me incredibly proud to lead such an amazing organization. All ASA members, whether you are a new member or have been with us for many years, are encouraged to be sure to take advantage of everything that your membership has to offer.

During this “lame duck” session of Congress post the 2020 Election, our government relations team has been furiously working on our key legislative priorities regarding timely payment of change orders and the prohibition of reverse auctions in construction services. Additionally, in response to the House’s recent passage of the MORE ACT (the Marijuana Opportunity, Reinvestment and Expungement Act), ASA sent a letter to the House Congressional Leadership in advance of the vote, expressing our concerns that work in the construction industry entails

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hazardous tasks with numerous laws, regulations and industry best practices to protect workers and the public. While it is reasonable and responsible for employers to ban marijuana during work hours, on-demand testing for marijuana impairment does not currently exist and impairment can last beyond the subjective high or simple observation tactics. Any relaxing of federal drug restrictions by Congress must ensure the ability of employers to continue instituting zero tolerance policies that are free from labor and employment law liability. Federally declassifying marijuana as an illegal drug would only further complicate employers’ compliance concerns; thereby we remain cautious against advancing the MORE Act too quickly without adequate consideration of its real-world implications for the workforce, and we encourage Congress to further study the impact of decriminalization on job site safety. The MORE Act will not be considered for a vote in the Senate.

On the Paycheck Protection Program (PPP) regarding the recent updates on loan forgiveness and the loan necessity questionnaire, ASA sent a letter urging congressional leadership to pass legislation before the end of the year that includes a technical correction addressing the tax treatment of loan forgiveness under the Paycheck Protection Program (PPP). In May, IRS issued Notice 202032 ruling that expenses associated with PPP loan forgiveness were not tax deductible. Since then, the IRS issued Revenue Ruling 2020-27, stating that expenses funded through a PPP loan are not deductible for 2020 if “the taxpayer reasonably expects to receive forgiveness of the covered loan on the basis of the expenses it paid or accrued during the covered period, even if the taxpayer has not submitted an application for forgiveness of the covered loan by the end of such taxable year.” The recent Revenue Ruling means that Congress should act now, during the lame duck, to address this

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issue before business owners start getting hit with surprise tax increases, at the same time as many states are issuing fresh orders to shutdown or slowdown business operations. On the questionnaire, ASA urged congressional leadership to stop the Small Business Administration (SBA) from issuing a loan necessity questionnaire required for loans of more than $2 million. These questionnaires request information about gross revenues, capital improvement projects, dividend payments and compensation, including whether any employees earn more than $250,000.

Finally, ASA joined 32 national organizations urging the completion of a final FY21 Transportation, Housing and Urban Development, and Related Agencies (THUD) appropriation bill before the current continuing resolution ends on December 11th. The legislation should include full funding for core highway and public transit programs at authorized levels as well as increased supplemental investments in these programs. The one-year extension of the FAST Act surface transportation law and additional resources for the Highway Trust Fund, which were attached to the continuing resolution, are critical to continuing important investments in highways, bridges, and public transit systems. State departments of transportation and public transportation agencies cancelled or delayed more than $12 billion in projects due to pandemic-related factors. Extending these programs at FY 2020 levels provides needed certainty and is crucial to staving off further cuts.

Thank you for all of the hard work that you have put in during 2020. I have never been more excited for a new year, and can’t wait to see where 2021 takes us. Stand together, stay safe, and have a wonderful new year.

God Bless, Brian Cooper ASA President 2020-2021

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Reverse Auction Rule Announced On December 7th, the Federal Acquisition Regulatory (FAR) Council issued a proposed rule intended to clarify when and how federal agencies should use reverse auctions for contracting, following watchdog criticism that those auctions are not being used as efficiently as possible. Department of Defense, the General Services Administration (GSA) and NASA are proposing to revise

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the FAR in response to Government Accountability Office (GAO) report, GAO14-108, Reverse Auctions: Guidance is Needed to Maximize Competition and Achieve Cost Savings, dated December 2013, and GAO report 18-446, Reverse Actions: Additional Guidance Could Help Increase Benefits and Reduce Fees, dated July 2018.

Reverse auctions are a tool utilized by Federal agencies to obtain competitive pricing for an acquisition. Some of the potential benefits of reverse auctions include increased competition, price reductions, and greater small business participation. During a reverse auction, multiple vendors compete with one another to win a contract from the Government by lowering the offered price for which the vendor is willing to sell a particular product or service. The offered price(s), but not the offerors' identity, may be revealed to all offerors during the auction, and offerors have the opportunity to submit lower priced offers during the auction.

The use of reverse auctions to obtain competitive pricing is not a new concept to the Government or industry. The reverse auction model was introduced in the mid-1990s. Many private companies now offer software and/or services to facilitate reverse auctions, as well as use reverse auctions in their own supply chain management scheme.

In 1997, the FAR was also amended to permit the use of reverse auctions in Federal acquisitions. Since then, Federal agencies have been able to use reverse auctions to obtain pricing, while operating within the constructs of the FAR and any supplemental agency guidance. As a result, this rule intends to implement government wide policy and guidance on reverse auctions to ensure a standardized and consistent use amongst all Federal agencies.

Between its 2013 and 2018 reports, GAO reviewed Federal agencies' use of reverse auctions over almost a decade (between 2008 and 2017). Six

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agencies were identified as the largest users of reverse auctions, conducting approximately 15,000 reverse auctions in 2016. Through its review of the contract awards that resulted from these agencies' use of reverse auctions, GAO found that: Reverse auctions are generally used when acquiring commercial products; reverse auctions predominately result in the award of a fixed price contract valued less than $150,000 to a small business; the total annual value of contracts that utilize reverse auctions regularly represents less than one percent of all annual Government contract spending; and most used the services of a commercial reverse auction service provider.

GAO reviewed and analyzed various aspects of agencies' use of reverse auctions. GAO found that: Confusion exists concerning a lack of documentation about reverse auction service provider fees and their application to Federal contracts; there is a lack of sufficient data available for agencies to verify actual cost savings resulting from a reverse auction; the potential benefits of reverse auctions are not being maximized, as many reverse auctions are resulting in the receipt of only one offer or a lack of interactive competition amongst offerors (i.e., the submission of more than one offer by a vendor); and when reverse auctions are used in the acquisition of items from pre-existing contracts, agencies need to consider the impact of potentially paying two fees, one to use the contract and one to use the services of the reverse auction service provider, when determining whether the use of a reverse auction is cost effective, in comparison to other methods that are available to obtain pricing for an acquisition.

As a result of its findings in 2013, GAO recommended that the Director of the Office of Management and Budget amend the FAR to address agencies' use of reverse auctions and issue government wide guidance to maximize

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competition and savings when using reverse auctions. In response, the Office of Federal Procurement Policy (OFPP) issued a memorandum on June 1, 2015, entitled Effective Use of Reverse Auctions. This proposed rule implements the policy of the OFPP memo and addresses some of the concerns in the GAO reports.

Please visit the rule at: https:// www.federalregister.gov/ documents/2020/12/07/2020-24936/ federal-acquisition-regulation-reverseauction-guidance

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MORE ACT (The Marijuana Opportunity, Reinvestment and Expungement Act) T H E

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The House passed this decriminalization legislation; however, ASA sent a letter to the House Congressional Leadership expressing our concerns that work in the construction industry entails hazardous tasks with numerous laws, regulations and industry best practices to protect workers and the public. While it is reasonable and responsible for employers to ban marijuana during work hours, on-demand testing for marijuana impairment does not currently exist and impairment can last beyond the subjective high or simple observation tactics. As a result, many employers go beyond the prescriptive steps and implement zero tolerance drug policies.

Any relaxing of federal drug restrictions by Congress must ensure the ability of employers to continue instituting zero tolerance policies that are free from labor and employment law liability. States’ legalization of marijuana has already created complex challenges for employers wishing to maintain a drug-free workforce while following employment laws. Federally declassifying marijuana as an illegal drug would only further complicate employers’ compliance concerns. We remain cautious against advancing the MORE Act too quickly without adequate consideration of its real-world implications for the workforce, and encourage Congress to further study the impact of decriminalization on job site safety and the ability. NOTE: This legislation will not be considered in the Senate.

Paycheck Protection Program & Economic Injury Disaster (EIDL) Loan Alert On November 24, 2020, a federal judge ordered the Small Business Administration (SBA) to release a complete list of entities that received Paycheck Protection Program (PPP) and Economic Injury Disaster Injury(EIDL)

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loan funding by December 1, 2020, following a Freedom of Information (FOIA) request for the disclosure of loan recipients. Under this order, the SBA was required to release the business name, NAICS codes, zip codes, business type, demographic information, name of the lender, and jobs reported for loans totaling $150,000 or more. To protect these loan recipients, the SBA was not required to release the exact loan amounts for these recipients. Entities that received loans less than $150,000 were also disclosed, including the exact loan amounts along with the name of the lender, though the loan recipient was not disclosed. PPP and EIDL recipients are urged to be vigilant against potential fraud due to the SBA’s disclosure of this sensitive data.

THINGS TO LOOK OUT FOR: ASA members who received PPP or EIDL funds are urged to be on the lookout for the following solicitations via emails, letters, phone calls, and social media for the following services: • The promise of obtaining PPP loan forgiveness in exchange for a fee.

• The request for personal information or specific information related to your loan • Phishing scams that may use SBA or other federal government logos, closely mirroring email addresses, or phone calls claiming to be federal government employees seeking additional information about a recipient’s personal or business information.

NOTE: These scams may include attempts to access banking information, employee data, or the installation of ransomware or malware on your computer.

If you are unsure whether communications with SBA or other federal agencies related to your PPP or EIDL funds are legitimate, please contact your financial lender or your local SBA office immediately!

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F E AT U R E The Election Roulette Wheel Is Still Spinning

by Brendan M. Keating, IntegTree LLC Can anyone remember a Presidential election which has not been referred to as “historic” by the media? As tired of a cliche as that sounds, 2020 has certainly been a memorable and historically significant year, and there is something to be said for the unprecedented political uncertainty that Americans currently face - it has been a couple of decades since we waited this long for actual election results. But beyond the more general certification and recount delays we’ve endured, Americans, along with the rest of the world, have spent a large chunk of the past year wondering just what lay over the horizon for us.

Collectively the world has not faced this much uncertainty since the terrorist attacks on September 11th, 2001, which upended some semblance of geopolitical stability following the collapse of the Berlin Wall; a new, unseen threat of terrorism lurked at home apparently, and in countries that many Americans could not find on a map until that fateful day. And yet in that era we had national unity despite the challenges we faced, and most of the world itself rallied around the United States in the face of that tragedy. But today, the whole world grapples with chaos - we are in this pandemic together, but every country is struggling on its own to keep its head above water as we await mass vaccination. While the domestic and international challenges faced by the incoming administration are legendary, and the return to a post-pandemic world will certainly be rocky, one wonders if we can glean any insight of our future from the electoral results.

The proposed policies of a Biden administration remain unclear to many Americans, in part due to the strange nature of the general election

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season, thanks to the pandemic. A cancelled debate, fewer town halls and campaigning, etc., all contributed to a much more hazy picture of what exactly Americans can expect (to the degree that campaign speeches ever reflect actual implementable policies, in any event). For many, a vote for Biden was a vote for Not Trump, and some hope to see what amounts to a third Obama term (i.e., a return to the familiarity of policies and agenda that many grew comfortable with, for right or wrong, in the Obama-Biden administration - stability). For others, it seems that we are on the cusp of quasi-revolutionary changes - e.g. reimagining the criminal justice system (“defund the police”), and the economy (the “Green New Deal”). It seems reasonable to think that at least one major constituency of the Biden electorate is in for shock - and disappointment - at the road we will take.

Additionally, regarding the uncertainty we face: an elephant in the room is Joe Biden himself to whit his age and health. He is no spring chicken, and it is apparent to any impartial observer that he is not the same orator, and hence leader, that he once was. At the same time, Kamala Harris is certainly not a bashful woman, and one wonders the degree to which she will assert herself and her views, in the coming years - indeed both have accidentally said a “Harris Administration” or a “Harris-Biden Administration”¹. Mere mistakes or Freudian slips, only time will tell - the overarching point is that Kamala Harris’ role in shaping the Administration policy is unclear - as is always the case with Vice Presidents (e.g., Dick Cheney was seen by many to be the foreign policy guru of the George W. Bush Administration, while C O M P A S S

Mike Pence seems to have largely taken the back seat to Trump outside of the Coronavirus Taskforce). But the potential rifts between Biden and Harris were starkly apparent in the Democratic primary debates on issues that shook the nation all summer long - race relations and racial injustice. Harris brutally recounted numerous historical positions taken by Biden (e.g., working with segregationists, bussing (forced or otherwise - a point of debate between the two), etc.)², and famously stated that she “believed them” in regards to accusations that Joe Biden had sexually assaulted women³ - which is certainly an extremely awkward thing to think of your now-boss, to say the least. But more concretely, issues like Supreme Court expansion or packing (depending on your political ideology) - Harris is open to it, and Biden has spoken out against it previously (but declined to answer more recently), while the reverse is true with fracking - Harris against, Biden is sometimes for it (but not on federal lands)⁴. These kinds of divides make reading the tea leaves of the future of our country even more difficult -- were these differences just posturing to capture various voting blocs in the Democratic primary? Or do they belie a wider philosophical chasm? Who will shape what policy areas in the Administration?

Further complicating matters, at the time of writing this article, the U.S. Senate is up for grabs. Historically a divided government would mean more policy stability due to legislative gridlock, but there has been a trend in recent administrations for utilizing executive orders to accomplish via Presidential powers what cannot be accomplished via the legislative branch. For example, Senate Minority

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Leader Chuck Schumer has already called on Joe Biden to forgive up to $50,000 in student debt via an executive order⁵. When policy is dictated by the wishes of one individual rather than some modicum of representative unity in Congress (to the degree that Americans feel Congress represents them), we face an ever increasing amount of uncertainty and resultant instability.

Beyond these intra-executive branch concerns, the Biden administration may have large intra-party legislative branch landmines to dodge. It took Trump some time and effort to bring his Republican colleagues in Congress to heel and support his agenda, but Biden’s support seems far more precarious. A clique-cum-voting bloc of relatively far left-leaning Democrats (relative to Joe Biden at least) i.e.,The Squad (Congresswomen Cortez, Omar, Pressley and Tlaib) are likely to gain members with the incoming freshman Bowman, Bush and Newman⁶. The Progressives have already stated that they expect some major policy payoffs, and some of those may alienate the moderate wing of the Democratic party and independents, who saw Joe Biden as a ‘safe’ choice for President in a time of marked uncertainty.

This is particularly concerning as the civil and social unrest that gripped the United States in the summer of 2020 feels more like it was paused rather than resolved. For the Left

there is a sense that the election should result in substantial change now that a Democrat is at the reigns again, but at the same time Kamala Harris has a complicated history as a prosecutor and so there are legitimate concerns about whether the promised, still vague, forthcoming changes could possibly appease activists and protesters once we move past the campaign rhetoric and bumper sticker slogans.

What does this all mean? In truth: no one knows. After the rollercoaster of 2020, one would be a fool to think that we can predict with any degree of certainty what will happen in the coming four years, let alone in the first quarter of 2021. Additionally, most Americans are still waiting for a time when they can visit friends and family without fear of taking an unwanted trip to the ICU, so our concerns about the future are more pressing and mundane than would normally be the case as a new Administration steps into office.

We have spent months simply waiting for something to change - and for many (people and organizations) 2020 has been a lost year, the full effects of which we may not realize for some time - on medical, psychological, economic, and socio-political fronts, so it is ironically fitting that we will have to wait some more. We will have to be content to observe the jockeying that occurs in the first several weeks of the Biden administration to see if America will get some semblance of stability,

or instead an outbreak of intra-party infighting - or perhaps both!

Returning to the question we began with: can we glean any insight of our future based on the election results?

No, probably not. But that does not mean we must be mere victims of happenstance. Organizations that survive the coming challenges will be, like organisms in nature, those that are most suited to adaptation. In these trying times, flexibility and resiliency will be key to not only survival, but growth. Adaptable organizations will best be suited to weather the storm. To quote the polymath Nassim Nicholas Taleb, in ever-uncertain times, one ought to “invest in preparedness, not in prediction”. No one knows what the future holds, but we do know we need to be ready nonetheless being adaptable to rapidly changing circumstances will be the key to success in the coming four years, come what may.

About the Author Brendan M. Keating is president of IntegTree LLC, an ethics, compliance and sustainability consulting company.

He has worked on ethics and compliance courses for university programs, and has published a variety of works in several fields, including articles in the Society of Corporate Compliance and Ethics’ Compliance and Ethics Professional Magazine. He can be reached at Brendan.Keating@ integtree.com.

¹ https://nypost.com/2020/09/15/joe-biden-accidentally-refers-to-harris-biden-ticket/ ² https://www.cnbc.com/2019/06/27/harris-attacks-bidens-record-on-busing-and-working-with-segregationists.html ³ https://www.independent.co.uk/us-election-2020/kamala-harris-police-joe-biden-sexual-assault-law-and-order-2020-election-a9666131.html ⁴ https://www.nytimes.com/2020/10/11/us/politics/biden-harris-on-the-issues.html ⁵ https://www.cnbc.com/2020/11/16/schumer-suggests-student-debt-forgiveness-through-executive-order.html ⁶ https://nymag.com/intelligencer/2020/11/squad-progressive-democrats-are-bigger-than-ever.html ⁷ https://www.npr.org/2020/10/13/923369723/lets-talk-about-kamala-harris ⁸ Taleb, Nassim Nicholas. The Black Swan: Second Edition: The Impact of the Highly Improbable: With a New Section: “On Robustness and Fragility” (Incerto). 2nd ed., Random House Trade Paperbacks, 2010, p. 208.

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F E AT U R E Out of the Frying Pan, and Into the . . .

by Anirban Basu, Sage Policy Group, Inc.

And Then the Problems Mounted At the beginning of the year, the U.S. economy appeared to be an irresistible force. In January, even after an economic expansion that spanned longer than a decade, the economy still managed to create 214,000 new jobs.

It followed that month with another 251,000 jobs in February.

The unemployment rate, which had peaked at nearly 10 percent during the Great Recession, fell to a miniscule 3.5 percent, effectively a 50-year low. In a rare turn of events, the number of job openings outnumbered the number of unemployed people looking for work, an indication that employers were desperately looking for skilled workers.

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This was especially true in construction, where numerous surveys found that the lack of skilled men and women topped the list of concerns for many contractors. The number one issue facing contractors coming into this crisis was finding enough workers to get the job done well, on time and on budget. Contractors routinely complained about the ongoing and worsening shortfall of carpenters, electricians, HVAC professionals, roofers, glaziers, superintendents, and estimators. But at least they could take comfort in their lengthy backlogs and the notion that they could expect to stay busy for the foreseeable future.

Then, in November of 2019, there was talk of a strange new pneumonia that began to spread throughout Asia and then eventually the entire world.

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This hardly seemed worthy of focus, at least for a time. The world had experienced other outbreaks in recent times, whether in the form of SARS, MERS, H1N1, Zika, Ebola, or other maladies. None of those had done much to upset America’s economic momentum.

Outbreaks of respiratory distress followed in Europe and eventually in the United States, whether in longterm facilities in Seattle or in large sections of New York City. This was no ordinary pandemic. This was a lifealtering game changer. Eventually, public policymakers saw fit to shut down the U.S. economy in March, and what had appeared to be an irresistible force met an immovable object known as COVID-19.

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After adding jobs for 113 consecutive months, in February 2020 the U.S. labor market buckled. Construction benefited from a massive backlog coming into the crisis and its enviable essential industry status in much of the nation. But even the construction industry began to hemorrhage tens of thousands of jobs. That said, many other economic segments suffered proportionately more, including segments like leisure, hospitality, retail trade, and other sectors hammered by social distancing mandates.

Remote work became the norm, resulting in less demand for office space in both the short- and longterms. Both business and leisure travel came to a grinding halt, ravaging the hotel sector. None of this was good for the construction, at least for contractors who specialize in new construction.

True, some segments benefited.

Relegated to their homes, many turned more aggressively to e-commerce to satisfy their needs, bolstering the fortunes of companies like Amazon, Chewy, Wayfair, and online specialists.

That has and will continue to bulk up demand for fulfillment and data centers. Many American CEOs have become frustrated by persistent supply disruptions involving Asia, and have committed to more reshoring of production to the United States.

Eventually, that will translate into more investment in industrial facilities. There is also likely to be more investment in America’s healthcare capacity, given the realization that the nation needs more space for intensive care unit beds and ventilators.

The Construction Outlook Despite all of this, the bad outweighs the good. The shields that served to protect the construction sector have begun to weaken. Many projects have been postponed. Others have been cancelled. Supply chain disruptions have rendered certain inputs difficult to obtain. Some materials prices, like

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those attached to softwood lumber, have been surging during much of the crisis. Project interruptions have been plentiful, including due to COVID-19 infections among workers.

After many contractors burn through their existing backlog, there will generally be fewer opportunities going forward, especially if state and local government tighten their budgetary belts and cut back on large scale capital projects. With this in mind, the incoming administration in Washington, D.C. will need to address these issues if they want a speedier economic recovery. The probability of a large-scale infrastructure packaging coming out of the nation’s capital grows by the day.

There is at least one segment with a positive outlook. Increased desire to social distance, need for more space for a home office, and ultralow mortgage rates have accelerated home sales. As a result of these factors and a low inventory of unsold homes, residential construction has flourished.

According to the latest data from the U.S. Census Bureau, construction spending for the segment was up 2.9 percent in October over the previous month. On a year-over-year basis, residential construction spending was up an impressive 14.6 percent.

Subcontractors who specialize in single-family projects are likely to be seeing plenty of work in the short term. Employment data from the U.S. Bureau of Labor Statistics show that residential construction has registered steady growth in recent months. Data indicate the residential segment added more than 15,000 net new jobs in November. The bulk of these positions were among residential specialty trade contractors.

Circumstances in commercial demand are far more dire. Retailers have gone bankrupt in large numbers, including the likes of Pier 1 Imports, Brooks Brothers, Neiman Marcus, J. Crew and JC Penney. The result is a massive overhang of underutilized

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retail space in much of the nation.

Many office workers have proven as or more productive working from home than in the office, dampening expected future demand for new office buildings.

Business travel is not expected to come back anytime soon, which will limit the recovery of the lodging sector.

Lodging-related construction spending has declined by more than 20 percent over the past year, and a variety of leading indicators suggest more decline over the months to come.

At this point, it appears that 2021 will be a difficult year for many contractors. The wildcard is stimulus.

A federal infrastructure package would go a long way toward accelerating the sector’s recovery, first among those that specialize in public works, and then those who work in commercial segments. Infrastructure investment often opens up new private development opportunities. While many Americans would agree that the nation would benefit from stepped up infrastructure investment, both to address infrastructure deficits and to accelerate economic recovery, the politics of Washington, D.C. are complex and often unpredictable.

About the Author Anirban Basu is the Chairman and CEO of Sage Policy Group, Inc., an economic and policy consulting firm headquartered in Baltimore. Anirban serves as the chair of the Maryland Economic Development Commission and serves as the chief economist to Associated Builders and Contractors and the Chief Economic Advisor to the Construction Financial Management Association. He is a highly sought after public speaker known for his humorous and informative presentations. You can contact Anirban at inquiries@ sagepolicy.com or www.sagepolicy. com.

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F E AT U R E Election 2020 and the Lame Duck Session of Congress

by Mike Oscar, ASA

The Electoral College confirmed the 2020 Presidential Election results, making Joe Biden the President-Elect. While the Democrats will keep control of the U.S. House, the Republicans won 21 of the 38 "red-to-blue" districts the Democrats were eyeing as potential gains, and increased their number in the House by 9, making it the smallest majority in 18 years (222 to 211). With more than 200 House seats, Republicans can make themselves an extremely powerful minority. Finally, the Senate now stands at 48-48.

With the two Georgia Senate seat runoffs: Sen. Perdue (R) v. Jon Ossoff (D) and Raphael Warnock (D) v. Sen. Loeffler (R) not scheduled until January 5 th , the Senate will have to wait until then to organize and determine leadership posts, along with committee chairs and ranking members. If the final Senate makeup is 50-50, then the Vice President would be the tie breaking vote.

Based upon the election results noted above, and as we enter 2021, we will continue to monitor and update you on how critical issues such as energy and infrastructure funding, corporate tax rates, Buy American Hire American, the Affordable Care Act, worker classification enforcement, cannabis legalization, and more will impact you and the construction industry.

In the interim, as members of Congress return for the “lame duck session,” we anticipate a very busy legislative agenda addressing our key issues such as enacting additional COVID-19 funding legislation, along with passing the FY21 appropriation funding bills, the National Defense Authorization Bill (NDAB), and the conference report on the Water Resources Development Act. On the NDAB, we will be working to ensure H.R. 2344, the Small Business

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Payment for Performance Act, which would compel agencies to be accountable for changed work they order by funding their own construction projects in a timely manner, instead of

We will continue to update you on our legislative and regulatory efforts, and please feel free to join our Government Relations Committee to add your voice to our agenda.

diverting that financial burden to the small contractors, remains included as an amendment to the final bill.

Additionally, we’ll be working to ensure final passage of the Construction Procurement Improvement Act (reverse auction), which passed the Senate unanimously on December 19, 2019.

Currently, the legislation awaits final consideration in the House Oversight and Reform Committee.

Finally, we’ll be working on the introduction of the Small Business Protection Act of 2020, which would attempt to eliminate the unfair competition our members face with the federal government and Federal Prisons Industries.

About the Author Mike Oscar is Director of Government Relations for the American Subcontractors Association, leading ASA’s government and industry advocacy programs, including federal legislation, government regulations, and industry collaboration and coalitions. A partner at Gray and Oscar, LLC, Mike has 20 years of experience in government affairs and 12 years of service on Congressional staff. During his tenure on Capitol Hill, he worked in both Republican and Democratic offices in the U.S. House and Senate, giving him rare institutional knowledge of both chambers and caucuses.

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F E AT U R E What Contractors Should Expect Under a Biden-Harris Leadership

by Patrick Hogan, CEO, Handle.com Major news sources have declared Joe Biden and Kamala Harris as the new president-elect and vice-president-elect of the United States, respectively. The impending change in leadership is expected to have a huge impact on the construction industry.

While administrative and policy changes are expected, certain aspects concerning the construction sector will likely remain as they are. In this light, we review five things that contractors can expect under the Biden-Harris administration.

Domestic Priorities Biden is expected to continue current president Donald Trump’s policies that favor local materials over imported ones.

The construction sector can, therefore, anticipate the Biden administration purchasing American-made products and implementing policies that will support domestic businesses.

One thing to watch out for would be how Biden will address the ongoing tariff and trade wars that marred Trump’s administration. Trump has moved to drive down US imports from China, which has been met with similar restrictions from the Chinese government. While contractors can expect to see Biden do what Trump has done as regards preferring domestic products, it is still unknown if he would reverse Trump’s decision regarding working with groups like the World Trade Organization.

Tech Wars Some experts are claiming that the real battle against China isn’t about trade and tariffs but about technology. Trump is known for having a hardline stance against Chinese products, and he even imposed restrictions against tech brands like Huawei. This was known to be Trump’s precaution against the spread of Chinese influence all over the world.

Biden is expected to exercise the same

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aggressive stance on export controls, although his approach may be a little different. Instead of focusing on penalizing China, Biden may look into building relationships with the US’ allies in Europe.

This strategy could help promote and popularize Western technology over Chinese products.

Contractors should watch out for how this story develops, not only because of the increasing digitalization of many construction management tools, but also because restrictions on technology imports may be extended to restrictions on other products and materials.

“Build Back Better” Biden and Harris have a “Build Back Better” plan, which seeks to provide significant funding and support for construction. On top of this, the plan also acknowledges the need to address the ongoing problem about climate change.

If pushed, the “Build Back Better” plan will see a $2 trillion investment to be rolled out over four years. Based on the proposal, the plan will seek to implement subsidies for renewable energy projects and help companies comply with the required emission reduction programs.

The plan also aims to open new job opportunities for construction among other industries, and also offers guidance for architects and contractors on how to design energy-efficient infrastructures.

Environmental advocates, however, are worried that this program may not successfully push through Congress, especially if Republicans hold onto the Senate.

Infrastructure Package Many construction groups expressed support for Biden after being declared the winner by most media outlets in the recent presidential elections. The same groups also recognized Trump’s failed promises to the construction sector.

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Biden, as part of the “Build Back Better” program, promises to shell out $2 trillion all for infrastructure renewal. As mentioned, the plan does not only address the rebuilding of roads and existing infrastructure, but also aims to allocate money to subsidizing renewable energy projects and developing universal access to broadband.

Stricter Enforcement Democratic administrations are known for strict enforcement of rules, so contractors should expect to pay more attention to legal and administrative approvals of their projects. Laws like the False Claims Act and the Foreign Corrupt Practices Act will be strictly enforced, so contractors are advised to take serious precautions to ensure that they abide by the rules.

Furthermore, government agencies like the Small Business Administration may become more meticulous in approving loans as well as in forgiving them. This is important especially with the increase in the number of loan-takers during the ongoing coronavirus pandemic. Contractors who have availed of the Payment Protection Program services should expect to be scrutinized closely before their loans are forgiven.

About the Author: Patrick Hogan is the CEO of Handle.com, where they build software that helps contractors, subcontractors, and material suppliers with filing documents like preliminary notices to avoid late payments. Handle.com also provides funding for construction businesses in the form of invoice factoring, material supply trade credit, and mechanics lien purchasing.

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F E AT U R E Will the New Administration Have an Impact on Construction?

by Jack Rubinger, construction industry writer

With a new administration making its way toward the White House, we were curious about the potential impacts on the construction industry both in terms of jobs and safety. Historically, both parties have been supportive of infrastructure projects as they create jobs. Back in the 30s, FDR’s New Deal had a huge impact on jobs, and many of those projects remain visible to this day.

During FDR’s administration, the Public Works Administration (PWA), a New Deal government agency (1933–39), was created to reduce unemployment and increase

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purchasing power through the construction of highways and public buildings.

During its existence, the PWA spent about $4 billion in the construction of more than 70 percent of the nation’s new educational buildings; 65 percent of its new courthouses, city halls, and sewage-disposal plants; 35 percent of its new public health facilities; and 10 percent of all new roads, bridges, and subways. As the country started to move into a ramped-up war economy in 1939, the PWA was gradually liquidated.

Most believe there’s no black or

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white answer to questions about how the construction industry will fare with President-elect Biden.

It might be a win for those in the renewable energy and environmentalists, but it could represent a hard blow to those in the fossil fuel industries. Much depends on what the new administration will do about the potentially displaced workers due to these foreseen changes.

The difficult thing about change is that it is rarely swift.

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“Sure, more jobs will be generated but will they be created in time to keep families from losing their homes? Will the change occur in time for those new college graduates with environmental and environmental engineering degrees to make payments on their student loans?,” asked Yorlanda Fisher, Warriors 4 Safety.

Fisher is also concerned about the training for those that have been working in the fossil fuels industry for years, and are now entering a new realm of the same industry.

There are many of the same hazards, but they are presented differently.

There is a lot of knowledge gained outside of the classroom and the controlled environment of technical and vocational schools. Will there be enough experienced journeymen and craftsmen to pass that knowledge on to the incoming journeymen and craftsmen?

The policy changes issued by OSHA and the EPA will roll out - but how long before they are effective? Those of us in the business are aware of how long it takes these entities to issue final rulings. What will stop corporations and small business owners from waiting for the next administration to issue more business friendly policies?

“I think that the new administration will continue with many of the Obama era policies with just enough variance to make it their own. Thing is, how will they succeed without hurting the current workforce?,” asked Fisher.

Others believe that jobs will go overseas again with the new administration.

For Jackson Strong, who runs a roofing construction company, having

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a new president and administration will not likely have an impact on his business, as roofs generally need to be replaced about every 20 years whether a Democrat or Republican is in office.

Although he believes that construction might slow down generally during the next administration, new construction may decrease.

Chuck Mazzanti, a risk manager with the Horton Group, believes that there will be a renewed emphasis on infrastructure spending and road contracts, based on past Democratic administrations.

“Hopefully, Biden will get an infrastructure deal done quickly,” said Mazzanti.

Changes coming to OSHA Joaquin Diaz, a construction supervisor from Portland, Oregon, believes that the Trump Administration's OSHA did not have a confirmed leader at the helm to drive a regulatory agenda. Diaz felt that the leadership of Principal Deputy Assistant Secretary of Labor, Loren Sweatt, attempted to manage the organization for the last four years while overseeing a decline in staff and workforce levels and limited vision from the administration.

“Will a Biden Administration change the trajectory of OSHA?,” asked Diaz.

“If history is a guide, it might. What does this mean for the construction industry? It may lead to an increase in inspections, investigations, and complaint follow ups. There may be an opportunity to review current regulations and identify gaps and updates necessary to improve safety and health.”

“What my past experience tells me there will be more regulations,” said

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James Lehrke, Safety Connections, Inc. “And that in turn will not allow for the kinds of wage increases we have seen in the last number of years.”

President-Elect Biden recently appointed Dr. David Michaels to the COVID-19 task force. Dr. Michaels was the past Assistant Secretary of Labor for OSHA. It is possible that we can anticipate, with his presence, some form of workplace emphasis, including a regulation, to address infectious diseases.

There might be increased hiring of staff and technical positions to replenish any losses from the last few years. It is possible that OSHA will resume Obama-era OSHA strategies, including additional worker whistleblower protections and employer accountability.

Again, we’re basing predictions on the past, but whatever happens, we still have to get through this pandemic.

Hopefully, with a vaccine here, positive changes await us in 2021.

About the Author Jack Rubinger is a freelance writer, with more than 10+ years of workplace safety and construction industry research and writing experience. Looking for an article on a specific construction topic? Contact: jackrubinger814@gmail.com or call 503-964-4877.

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F E AT U R E The Future Is Coming: Top Tips to Shape the Lessons of 2020 into Success in 2021

by Mark Drury, Shapiro & Duncan

The Rise of Construction as an ‘Essential’ Industry, Continued Opportunities for 2021 While the COVID-19 pandemic has brought significant impacts to nearly every facet of life and business in 2020, it has also spurred the emergence of key trends and opportunities for future growth, particularly in the construction industry. The ‘new normal’ of the pandemic era has rendered construction work a ‘safe haven’ for displaced employees from industries hit hardest, such as retail, hospitality, and travel, and increased the demand for re-skilling of talent, changing the shape of approaches to recruitment, training, and nurturing the next generation.

Going forward into 2021, we expect the growth and dynamism the

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construction industry has seen in 2020 to continue to expand. As we threw out the old rulebooks and the formerlydeveloped strategic plans to pivot to meet the new challenges, a wealth of possibilities opened up that are changing our industry for the better.

To follow are top growth areas for the construction industry that will be instrumental into 2021.

The Changing Face of Workforce Dynamics: New Approaches to Talent Development and Mentorship From the onset of the pandemic in the spring of 2020 through the rest of the year, a number of previously robust industries suffered irreparable damage. Businesses across the retail, hospitality, and travel industries

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were severely impacted, with legions of employees left displaced and searching for their next move. Enter the construction industry, where work continued– providing an opportunity for these groups to re-shape their careers and their futures.

Introducing the opportunities for success in the construction industry to this pool of displaced workers requires the construction industry to pivot and modify the ways we approach talent recruitment, development, training, and mentorship. Leading trades, such as carpentry, and the licensed trades, including HVAC, plumbing, and electrical, continue to be in highest demand and for new entrants to the construction industry.

New online certification and remote apprenticeship programs broaden this path industry-wide.

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Some key areas where the industry has had to re-imagine its approach to ensure long-term growth include: • A solid on-boarding process; • Industry skills and certification bootcamps; • Online apprenticeship training; • A formalized mentorship program; and • Career path mapping.

Training has also undergone changes as the employee pool has evolved. Digital learning tools and virtual/augmented reality technology, and the increased prevalence of video conferencing platforms have created new ways to interact. The main elements of the shifts in training seen in 2020 and set to continue into 2021 include the following:

• Addition of field sinks/sanitation stations and required physical distancing; • Adjustments to work schedules for trades teams, i.e. four 10-hour days vs. five 8-hour day weeks to reduce overall risk of exposure by 20% on a weekly basis and provide a 72-hour window for jobsite decontamination; and • Prioritization of teams’ health and safety.

In terms of project planning and execution, a number of shifts have occurred in order to accommodate new workers and meet rising demand.

Proactive approaches to challenges, such as equipment and material delays and the resulting impacts to schedules and integrating new, reskilled/ displaced workers into the workforce • Reduced barriers to changing careers ensures that minimal negative effects and achieving new certifications, take place. through remote technology and workforce re-training tools; • Increased focus on key growth areas, such as prefabrication and volumetric modular construction; • Additional boot camp and short-term training opportunities; and • A break from the norm of a typical apprentice model. Instead of a focus on classroom time and hours in the field, the new model is rooted in performance assessments and prioritizing skills and achievement milestones without being restricted by time.

The Future of Site Safety and Project Planning/Execution Throughout this year, the construction industry has continued to be viewed as a positive, forwardlooking field with promising opportunities for future growth. Much of this perception stems from the successful efforts the industry has made to ensure top levels of safety on job sites that has enabled work to continue, including: • The purchase, distribution, and adoption of hand sanitizer and appropriate Health Safety PPE;

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The Rise of Modular Construction and Design-Build Projects When are things going to be back to normal? Never! We are experiencing the evolution to a new normal and one that we will recognize as temporary, a place holder, which will continue to change sometimes a little and sometimes a lot. The pre-COVID ways of living and working are gone, but in that void new opportunities arise and this creative industry will harness innovative ways to leverage our tools, expertise, and technology as the construction industry forges ahead.

Demand for technology will grow into next year, as will the addition of robotics where appropriate to increase capacity. Volumetric modular construction and design-build projects will increase in prevalence, along with demand for office modifications, i.e. wider hallways, low wall partition screening, HVAC modernizations, touchless fixtures and others, as workforces return to in-person operations.

Offsite construction, prefabrication, and multi-trade modular construction

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throughout 2020 have become a more essential component to the building process. In a manufacturing setting you can control the environment with indoor air quality modifications and manage the spacing of work stations for separation and better monitor compliance with new health safety protocols.

The construction industry will continue to play a starring role in the rising demand for properties to fit new and purpose-built functions, and ensure buildings have opportunities to more tightly control social distancing and cleanliness on a day-to-day basis.

Looking Ahead to 2021: Key Opportunities and Projected Growth Areas As 2021 approaches, and the end of 2020 arrives not a day too soon, we should also remember that our situation continues to evolve. Adapting and pivoting will remain as key tools to survive and thrive. To achieve lasting growth and success into next year, it will be critical to engage the new challenges and embrace the opportunities they present. Prioritizing the right technological innovation, talent recruitment and management, and rising to meet the demands of new projects and needs will ensure your organization has what it takes to thrive in 2021.

About the Author Mark Drury is the Vice President of Business Development at Shapiro & Duncan. He brings more than 40 years of experience in construction management and oversees the company’s corporate development, contracts negotiation/ management, and production of marketing and sales materials. Mark is a past Chairman of the Board of ABC Metro, is a LEED AP and Designated Design Build Professional. He completed his undergrad studies in History at Shepherd University and graduate coursework at Princeton and Clemson Universities. For more information about Shapiro & Duncan, please visit www. shapiroandduncan.com.

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L E G A L LY S P E A K I N G The 2020 Elections, and What They Mean Brian J. Schoolman, Safran Law Offices

Barring something entirely unexpected, on January 20, 2021, Joe Biden will be inaugurated as the 46th President of the United States, and our country will engage in another peaceful transition of power between administrations. Three weeks earlier, the 117th United States Congress will convene, with the Democrats holding a narrow majority in the House, and the Republicans holding a similarly narrow majority in the Senate. Depending on what happens in the two Senate run-off elections in Georgia, the balance of power may remain split on January 20th, or the Democrats may hold governing

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power in both houses when Kamala Harris is sworn in as Vice President.

What is clear in mid-December is that change is coming between the current administration and the next one. Regardless of whether one is a fan or a critic of President Trump, it is hard to deny that his governing style, and thus the style of his administration, was fitful, uneven, and often lacking in consistency of either message or policy. On several fronts, this had direct impacts upon policies affecting the construction industry.

The biggest impact on construction for the Trump Administration involved

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trade policy, and specifically tariffs.

The President’s aggressive approach to dealing with China, the European Union, and neighboring Canada and Mexico led to significant impacts on the costs of steel and other raw and manufactured materials. The trade wars also impacted the flow of goods and materials, and made it more difficult to rely upon just-in-time deliveries for a variety of construction materials. President-Elect Biden has stated that he will review current tariffs, but he has not committed to eliminating them, especially in the short term. As a result, contractors and subcontractors should probably

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expect little change in 2021 regarding the costs of goods.

The other significant policy issue where the Trump Administration made serious impacts on construction is immigration. Today, the flow of legal immigrants into the U.S. is slower than in previous years, resulting in a further tightening of the labor market. Undocumented workers have been impacted by increased enforcement actions, while employers have grown to fear unannounced ICE raids. The Biden Administration is likely to take a more permissive approach, especially on legal immigration, which may eventually improve access to labor for employers.

On regulations, the next administration is probably going to add or strengthen a variety of policies. To date, there has been no announcement of a nominee for Secretary of Labor, but if the Obama Administration is used as an example, a President Biden would likely seek to expand worker protections such as overtime for exempt employees, the “joint employment” doctrine, and crackdowns against misclassification of workers as independent contractors. Biden’s platform also promised efforts to support unions, and protect worker rights.

Enforcement of laws and regulations will also probably increase in the next four years.

The Trump Administration took a remarkably lenient approach to tax, labor, safety, and environmental enforcement. Businesses should expect that behavior which avoided the attention of federal enforcement agencies for the last four years may not survive close scrutiny going

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forward. In particular, enforcement of pollution, wage, and safety laws is expected to get much more aggressive. Business lawyers will do their construction clients a favor by preparing them in advance for the coming crackdown.

The last policy area which will see dramatic change is on the COVID-19 pandemic. Despite the efforts of scientists and bureaucrats at the Centers for Disease Control, the Food and Drug Administration, OSHA, and elsewhere, the Trump Administration took an incredibly hands-off approach to safety measures to prevent and slow the spread of the disease in industrial and construction settings. Rather, the country had a patchwork of state and local policies, such that contractors might be traveling in and out of “stayat-home” jurisdictions on a regular basis. The Biden Administration is already gearing up for aggressive measures to mitigate the pandemic, including a 100-day mask mandate, a massive logistical effort to distribute and administer the various vaccines which are on the brink of approval, and utilizing the Defense Production Act to increase availability of personal protective equipment. To the extent the federal government can establish a consistent and effective COVID-19 policy to stem the tide of the pandemic, the national economy has a chance to rocket up by the end of 2021.

Unlike the executive branch, congressional action is likely to remain limited for the next two years, even if the Democrats win the races in Georgia. The Democratic majority in the House will be the slimmest in nearly a century, and if they win in Georgia, there will be a

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50-50 split with ties broken by Vice President-Elect Harris. However, to pass anything will require either the elimination of the legislative filibuster, or the buy-in of at least 10 Republican Senators. Either way, there is no reason to expect transformative progressive policies in the near future. Probably the best outcome we can hope for is one or more COVID-related stimulus packages, combined with moderate infrastructure and tax legislation. All of that, however, again depends on our national ability to work together to defeat the pandemic.

The defeat of President Trump and the election of Joe Biden was a cataclysmic political event, and will result in dramatic changes for our country. However, as far as the dayto-day political impact is concerned, very little will be significantly different for contractors. COVID-19 is an existential threat to our economy and our industry, and has to be solved to get us out of the current rut.

Moderate gridlock in Congress is likely to continue. The best we can easily hope for is predictable and competent governance out of Washington for the next four years.

We shall see if those hopes are fulfilled.

About the Author Brian J. Schoolman is an attorney with Safran Law Offices in Raleigh, North Carolina. Safran Law Offices has focused on the construction industry for nearly 40 years, and has proudly represented subcontractors throughout our history. For more information, email Brian at bschoolman@safranlaw.com or visit www.safranlaw.com.

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The devil's in the details—but that’s what you’re good at. ASA Members - Get recognized for your excellence!

ceremony to be live-broadcast on Are you proud of your company? Of course you are! You're a proud February 25, 2021. member of ASA, and you uphold a high • Watch the Certificate of Excellence quality. Do you want to show the world in Ethics Video. that despite COVID-19, you’re doing • Download the 2020 ASA Certificate things right? Then apply and be proud of Excellence in Ethics Brochure to the whole world of your company.

• Download the 2020 ASA Certificate Yes, you’re busy. But these awards are recognized and respected throughout of Excellence in Ethics Application. the industry.

• ASA provides useful model The ASA Certificate of Excellence in documents to help with your Ethics, is not an awards competition, submission and your ethics but rather a program recognizing program. Download the 2020 ASA subcontractors for their commitment Certificate of Excellence in Ethics to ASA values like quality construction Resources Guide. and a safe and healthy work • Download the 2020 ASA Certificate environment. Each applicant of Excellence in Ethics Timeline. is required to respond to questions • ASA’s Certificate of Excellence concerning the firm’s corporate ethics in Ethics Program Q&A LinkedIn policies and procedures, its Group—a forum for getting answers construction practices, and its general to your questions about the awards business practices. Each applicant also and application process. This forum is required to submit detailed includes current award recipients documentation, including sealed who have been through the letters of recommendation from a application process and are willing customer, a competitor, and a supplier. to help guide new applicants ASA will honor selected firms and through their application process. individuals that demonstrate the (Be sure to log-in to your LinkedIn highest standards of internal and account first.) external integrity during an awards

• Recipients of the 2019 ASA Certificate of Excellence in Ethics may re-apply for 2020 using the Recertification Form. Download the 2020 Recertification Form.

• Download the ASA Model Code of Ethics for a Construction Subcontractor.

Application deadline: Dec. 31, 2020 Don’t Forget Other ASA Awards for members: There are many more awards available through ASA, and more information about all of them can be found by clicking here. ASA Awards winners will be honored by ASA National. We highly encourage all ASA members to get involved in our awards program. These valuable recognition opportunities are only available to ASA members.

DEFENDING OUR FUTURE

SUBCONTRACTORS LEGAL DEFENSE FUND ASA's SLDF supports critical legal activities in precedentsetting cases to protect the interests of all subcontractors.

FIGHTING FOR THE RIGHTS OF THE CONSTRUCTION SUBCONTRACTOR COMMUNITY NATIONWIDE ASA underwrites the legal costs of filing "friend-of-the-court" briefs to inform the Court regarding the broader impact of relevant cases throughout the country. We have won dozens of these cases since 1997, vindicating subcontractor rights today and into the future!

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WE NEED YOUR SUPPORT Funding YOUR Legal Defense

Each year, courts across the country hand down hundreds of decisions on federal and state laws, as well as court-made or "case" law, that apply to subcontractors' businesses. Many of the decisions impacting subcontractors interpret the contract provisions of subcontract agreements—provisions like pay-if-paid, holdharmless, duty-to-defend, and no-damages-for-delay. Some of these decisions are precedent-setting and carry significance for subcontractors across state lines.

ASA's Subcontractors Legal Defense Fund supports ASA's critical legal activities in precedent-setting cases to protect the interests of all subcontractors. ASA taps the SLDF to fund amicus curiae, or "friend-of-thecourt," briefs in appellate-level cases that would have a significant impact on subcontractor rights.

From its inception, the SLDF has been involved in many landmark decisions, starting with its first case in 1997, Wm. R. Clarke Corporation v. Safeco Ins., which prohibited pay-if-paid clauses in California.

Your financial support keeps the SLDF in operation PLEASE DONATE TODAY To make a contribution to this vital fund, visit http://www.sldf.net or send an email to soscar@asa-hq.com for more information!

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