President’s Letter – October 2021

Dear ASA Members:

    As we move into the Fall, I am continually reminded by the education opportunities that ASA provides.  I was invited by the Houston Chapter to attend a lien and bond workshop on the new changes in Texas lien law that ASA was a part of making happen. On a National level, I want to remind each of you of the in-person programs National presents via webinars, podcasts and in-person events such as SUBExcel.  Additionally, many of these programs are recorded and available to you through your on-line access to the ASA website.

    Later this month I will be attending the ASA Attorney’s Council fall meeting in San Antonio.  This is an amazing group of lawyers, from all of the chapter’s across the country that are focused on meeting the needs of subcontractors and assisting you in protecting your rights. The work this group does has resulted in many notable publications such as the ASA fifty state guide to retainage laws. This group, at a Chapter level, presents many of the programs your companies have come to look forward to, such as Killer Contract Clauses and state-by-state lien and bond educational programs. These are just a few of the programs the members of the Attorney’s Council put forward, at no profit to themselves, that yield a direct positive impact to your company’s bottom line year after year.

    The American Subcontractors Association is unique in the support and management of its Subcontractor Legal Defense Fund (SLDF), devoted to protecting the rights of subcontractors in appellate court cases across the country. The work of this group is often done at no-cost, or reduced costs by the attorneys that are members of your ASA Attorneys Council.  Most recently, the SLDF was active in Oklahoma fighting to protect subcontractors against an attempt by a prime contractor to waive a subcontractors lien rights without the subcontractor’s knowledge or consent. Fighting to protect your rights from actions like this are of utmost importance, and every dollar you or your firm donates to SLDF goes directly to fighting in the appellate courts across the country to protect your rights. Just because a case occurs in another state, it doesn’t mean it won’t impact you! State Courts often look to other states for guidance on new or novel questions, and it is of utmost importance that ASA via SLDF be able to fight the good fight on behalf of every subcontractor.

    I hope the fourth quarter is strong for each of you. Remember, education is the key to being better subcontractors and better leaders in our companies.

Sincerely,

Brian K. Carroll

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