New Year Forecasting
- LEGAL, Legally Speaking, Outlook & Trends
- September 24, 2024
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Why Retainage Remains a Persistent Challenge for Subs Nationwide … and What You Can Do to Manage the Risks0
- FINANCE, Legally Speaking, Payment, Risk Management
- January 27, 2026
By Eric Travers, Esq., Kegler Brown Hill + Ritter As a construction attorney with over two decades of experience working closely with subcontractors and the American Subcontractors Association (ASA), I can confidently say that retainage has been, and remains, a significant and ongoing challenge for subcontractors nationwide. The concept of retainage originated in the 1840s.
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Preparing for Victory in Construction Disputes0
- Construction in the Courts, Documentation, Legally Speaking, Risk Management
- December 23, 2025
By Todd Nectow, Thomas, Feldman & Wilshusen, L.L.P. Marcus Aurelius (the wise old emperor in Gladiator) said, The secret of all victory lies in the organization of the non-obvious. Miguel de Cervantes (the guy who wrote Don Quixote) said, To be prepared is half the victory. Aurelius and Cervantes were discussing victory on the battlefield,
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Building a Dream Team: Strategies for Workforce Success0
- Leadership, Legally Speaking, Outlook & Trends, Workforce & Professional Development
- December 23, 2025
By Karalynn Cromeens, The Cromeens Law Firm PLLC The labor market has presented immense challenges for subcontractors in recent years. Many of us experienced the shock of the “Great Resignation,” watching valued team members leave and struggling to fill the void. With more job openings than available workers, attracting and retaining talent became a battle.
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Getting Paid What You’ve Earned: A Subcontractor’s Guide to Fair and Timely Payment0
- Documentation, FINANCE, Legally Speaking
- November 25, 2025
By Christian Fernandez, Snell & Wilmer L.L.P. Every subcontractor knows this truth: getting paid on time can make or break a business. Cash flow is the lifeblood of any construction company, and delayed payments can quickly ripple through operations — slowing payroll, straining relationships with suppliers, and putting future projects at risk. In an industry
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Project Documentation0
- LEGAL, Legally Speaking, Risk Management
- November 25, 2025
By Brian K. Carroll, Sanderford & Carroll Project documentation is exceptionally important to every aspect of the construction project lifespan. Documentation is important for everything from internal QA/QC to making sure a Subcontractor can develop a successful claim if/when a dispute arises on a Project. Almost as a universal truth, the party in a construction
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Subcontractors Take Note: Flow-Down Clauses Can Act As Contractual Waivers0
- Legally Speaking
- October 28, 2025
By Lisa Colon, Saul Ewing LLP Flow-down (or “pass-through” or “conduit”) clauses are a common feature in construction contracts, particularly in projects involving multiple tiers of contracts. These clauses are intended to ensure the terms and conditions between the prime contractor and owner apply to all lower tiers of contractors (subcontractors) too. At their best,
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About FASA
To educate and equip subcontractors and suppliers with the knowledge and resources they need to thrive in the construction industry. Additionally, FASA raises awareness about issues critical to and about construction in the United States.
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e: asaoffice@asa-hq.com
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