By Ike Casey, ASAMW
There’s really no limit to what a group of subcontractors can accomplish if they are committed and willing to take the time. ASA of Metro Washington was able to influence passage of legislation that makes “pay if paid” clauses in subcontracts unenforceable. Although those in trade association management like to take credit when bills like this pass, it is really the motivation and commitment of subcontractors that really allow for important changes like this in our industry.
As many of you know, passing a state bill takes much behind the scenes and sometimes years of effort. Here’s a brief history of how ASA Metro Washington (ASAMW) – with a lot of help from others – helped make the Pay if Paid clauses in subcontracts unenforceable in Virginia.
While much anticipated, the Virginia Senate (29-10) and House of Delegates (91-9) passed a bill essentially barring straight pay-if-paid clauses in construction contracts between general contractors and subcontractors (SB550). At this point we’re waiting for Governor Youngkin’s signature. How did this happen?
In 2019 Bill Paris with Net100 asked a Republican Senator to introduce a pay if paid (PiP) bill. It was drafted and we met with her staff, but it did not go anywhere. I told Bill it was a “heavy lift” for ASAMW on its own to pursue such legislation.
Pay-if-Paid State-by-State Map
In early 2022 Patty Peterson told us about a group of subs in Richmond who were meeting with AGC of VA to draft a PiP bill. That is when Ike Casey met virtually with a group of subcontractors in Richmond and ASAMW got on board.
From that point on ASAMW and ACE (Alliance for Construction Excellence) supported the efforts of RAMCA – a Richmond area association of utility, heavy and highway contractors and other Richmond subcontractors. They got the bill introduced in both the House and Senate, even though the AGC of VA opposed it.
Hearings were held in a Senate committee and then in two House committees. Chad Gill with Concreate, and others, used their experience to provide valuable testimony explaining the need for this legislation.
It got to the finish line and ABC of VA stepped in to provide their support as well. In the final analysis, their suggestions were positive and it passed the House.
So you see from this story it was the subcontractors working together to bring about this change. That is what a trade association is set up to do, but progress still boils down to committed subcontractor members. Not enough can be said about a group of subcontractors who know what they want and go after it. ASAMW and ACE are proud to have supported their efforts.
Should this legislation get signed as it stands, all parties to the construction contracting process will need to have their contracts reviewed by experienced construction counsel to assure compliance with the new law. So stay tuned, we’ll keep our members posted.
