Participate in the 2024 Lean Benchmarking Survey – Your Input Matters

ASA is collaborating with the Lean Construction Institute and Dodge Construction Network to study the national utilization of Lean in design and construction. The 12-15 minute survey will reveal important benchmarking data to determine the progress of Lean use throughout the industry, and we invite you to participate.

As a construction professional, your input is critical to the success of this study, whether you utilize Lean or not. Click on this link to take the survey 

This research will determine the degree to which the design and construction industry is aware of and utilizing the specific Lean practices and provide the comparative data needed to understand trends based on previous years’ studies.

Participants need to be familiar with project outcomes (budget compliance, schedule compliance, etc.) and contracting methods, as well as the processes in which project teams engage.

Owners, architects, interior designers, engineers and contractors with experience with all types of building projects, from commercial to industrial to infrastructure, are eligible.

To thank you for your participation, upon completing the survey, you will be eligible to receive a copy of the findings of this study and LCI’s Lean Deployment Guide.

Please note that your participation will be completely confidential – results will be analyzed and reported to the industry in aggregate only. Individual replies will only be made available to the survey participants.

Click on this link to take the survey

Surety Bond Producers – Discounted Learning

The National Association of Surety Bond Producers (NASBP), an ASA Alliance Partner, offers a host of resources and educational programs focused on bonding and risk management for both producers and contractors. ASA members can now access SuretyLearn and SuretyLearn for Contractors at member rates on the NASBP site (look for code in your chapter newsletters). SuretyLearn for Contractors helps to orient small and emerging contractors to the path for achieving surety credit, through both free and paid resources and live and recorded educational programs.

SLDF Moving the Ball for Subcontractors in Texas!

At the urging of the American Subcontractors Association’s Subcontractor Legal Defense Fund and other concerned parties, on June 14, the Texas Supreme Court agreed to take up the Third Coast Services & Spawglass Construction v Castaneda case. The dispute involved a multi-vehicle accident on a construction site, resulting in a lawsuit for contractor negligence and premises liability. The Contractor and Subcontractor moved for summary judgment, arguing that they were immune from suit under Texas Code.

The trial court denied the motions and the Court of Appeals of Texas, 14th Appellate Division affirmed, holding that neither the Contractor nor Owner had established that they met each requirement of their affirmative defense. Spawglass and Third Coast petitioned the Texas Supreme Court for review, which it has now granted. The issues at hand involving statutory immunity and immunity for construction workers are paramount for subcontractors nationwide.

Thanks to Brian Carroll and Shaina Swanson of Sanderford & Carroll, PC, for their work on this case.

The House Small Business Committee Unanimously Approves the Transparency and Predictability in Small Business Opportunities Act

Reps. Alford (R-KS) and Mfume (D-MD) legislation entitled “the Transparency and Predictability in Small Business Opportunities Act,” H.R. 8014, was unanimously approved by the House Small Business Committee with a vote 23-0.  The legislation would bring clarity to small business owners when a federal agency cancels a contract solicitation and help them identify similar contracts to bid on.

OSHA Releases Proposed Heat Illness and Injury Prevention Standard

Prior to the 4th of July, OSHA released the text of its proposed standard for heat illness and injury prevention for indoor and outdoor settings. Elements of the proposal include the following:

• Training requirements for supervisors, heat safety coordinators, and employees;
• Developing and implementing a work site heat injury and illness prevention plan (a written plan must be created for employers with more than 10 employees);
• An initial heat trigger with a heat index of 80 degrees Fahrenheit (or equivalent wet bulb globe temperature). Requirements for employers include providing drinking water, break areas for indoor and outdoor work sites, acclimatization of new and returning employees, paid rest breaks if needed;
• A high heat trigger with a heat index of 90 degrees Fahrenheit (or equivalent wet bulb globe temperature). Requirements for employers include a minimum 15-minute paid rest break at least every two hours, warning signs for excessively high heat areas;
• Two different options for acclimatization procedures for new and returning workers; and
• Additional recordkeeping requirements.

OSHA is giving the public 120 days to comment after publication in the Federal Register, which will likely happen in the next couple of weeks.

FASA’s Preparation Guide for 2024 Natural Disasters

Hurricane Beryl wreaked havoc in Houston, TX. We remind all ASA members about the Foundation of the American Subcontractors Association (FASA) preparation guide for natural disasters.  The guide cites statistics from the Federal Emergency Management Agency (FEMA) that 40% of businesses do not reopen following a natural disaster. Ninety percent of companies fail within two years of experiencing a natural disaster, according to the United States Small Business Administration.

HOW NATURAL DISASTERS CAN AFFECT THE CONSTRUCTION INDUSTRY

• Demand for skilled workers increases
• Logistical issues for local travel to construction site and environmental issues impact access to site
• Materials used for restoration and recovery become scarce and difficult to obtain
• Large scale damage for equipment and supplies
• Overall cost of project increases
• Disruptions and delays occur as a natural result of the above issues
• Unforeseen delays can also create contractual issues and lead to litigation

WHAT THE GUIDE INCLUDES

FASA’s guide offers guidance, including the following:

• Federal resources to consult or contact before, during and after the event
• Insights on commercial property insurance, specifically for the types of disasters it may not cover: flood, hurricanes and earthquakes.
• Legal and contract considerations on projects following a disaster

Please visit asaonline.com for the FASA Natural Disaster Guide.