Welcome Stratus as ASA Silver Sponsor!
ASA is proud to welcome Stratus as its newest sponsor. Here’s how they can help you be more productive and successful: Stratus enables Data Driven Contracting through best-in-class technology solutions, purpose-built for the MEP industry. Their flagship solution, Stratus, is an MEP workflow management tool that digitizes and optimizes your entire process from BIM to install. Stratus Flex is an application that extends the functionality of Stratus to mobile devices by enabling offline workflow coverage that targets field users who want to view and track their installation work. Stratus Works is an easy-to-use Revit add-in that provides electrical detailers with an intuitive way to increase the efficiency of their everyday tasks.
ASA SLDF WIN: Oregon Supreme Court Reverses Insurer’s Denial of Coverage to
Contractor Over Contract Versus Tort Issue
Under Jim Yand’s (Miller Nash LLP) guidance, ASA’s Subcontractor Legal Defense Fund (SLDF) won a decision aiding contractors in securing coverage for construction defects. The Oregon Supreme Court in Twigg v. Admiral 371 Or. 308 (2025) ruled that a commercial general liability (CGL) policy may cover claims arising from breach-of-contract if the underlying facts support a potential tort claim.
The ASA, in collaboration with the AGC, intervened with an amicus curiae due to the impact on contractors, contributing to the reversal of coverage that the trial court and court of appeals had previously determined in the case.
In their complaint, the homeowners, Twigg, identified several construction defects, including a garage floor that cracked and sloped inward, causing water to flow toward the house.
The builder engaged a subcontractor to apply a lightweight concrete overlay product but allegedly did not adhere to the manufacturer’s specifications. The Twiggs asserted that the builder breached their repair agreement and proceeded to arbitration. The arbitrator found that the work was defective and awarded $150,000.
Unable to collect from the builder, the Twiggs targeted the builder’s CGL policy
effective during repairs. Admiral Insurance Company denied coverage, stating the award was due to breach of contract and not an “occurrence” under the policy. Both the trial court and Oregon Court of Appeals agreed, ruling that damages from breach of repair contract claims did not constitute an occurrence.
The Oregon Supreme Court reversed, supporting ASA’s arguments. The Court stated that damages from a breach of contract are generally not covered, but coverage can apply if there is unintended property damage from conduct tied to both contract and tort law. Ambiguous terms like ”accident” in policies should be interpreted in favor of coverage. This ruling benefits contractor policyholders sued for breach of contract where tort claims could also have been involved.
Courts annually decide numerous federal, state, and case laws that affect subcontractors, often interpreting contract clauses like pay-if-paid, hold-harmless, duty-to-defend, and no-damages-for-delay. Some rulings establish significant precedents that impact subcontractors nationwide. ASA’s SLDF supports legal activities in cases with far-reaching effects on subcontractor interests. SLDF funds amicus curiae briefs in important appellate cases impacting subcontractor rights. Since its inception, SLDF has been involved in landmark decisions, such as the 1997 case Wm. R. Clarke Corporation v. Safeco Ins., which prohibited pay-if-paid clauses in California.
Click Here to Donate to the SLDF
NTD Mechanical Appoints Landon Cantrell as Director of Engineering
NTD Mechanical, a leading commercial mechanical contractor in the Dallas-area, proudly announces the appointment of Landon Cantrell as its first in-house Director of Engineering. Over the years, Cantrell has developed significant expertise in HVAC design, project scheduling, budget management, and leadership. “I am proud and pleased to join a company with the heritage and industry stature of NTD Mechanical,” Cantrell expressed. Cantrell intends to help clients improve their design-build capacity, find opportunities to integrate value-engineering at the early stages of a project, improve bid accuracy, and increase quality control.
Founded in May 2001, NTD Mechanical has established itself as a powerhouse in North Texas, achieving over $40 million in sales through an unwavering commitment to excellence in HVAC, plumbing, and piping. The firm serves both public and private sectors and is backed by a robust $35 million bonding capacity.
Eco-conscious Solutions for Your Office.
Take advantage of your ASA membership to stock up on eco-friendly essentials. From sustainable office supplies to environmentally conscious breakroom products, we have everything to bring joy and sustainability to your workspace. Let ODP Business Solutions help you prepare for a productive year while contributing to a cleaner office and a greener planet.
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Valid at odpbusiness.com through – 6/30/2025.
Excludes technology. Other exclusions apply.
Updated Guidance on Liens and Bonds in the 50 States from The ASA Attorneys Council – for ASA members
The American Subcontractors Association is pleased to announce updated guidance from the ASA Attorney’s Council. This valuable document details the applicable law regarding Lien and Bond claims in all 50 states. This resource and many others can be accessed in the Members only Info Hub at ASAonline.com. ASA is proud to provide this information as a benefit to our valued members and kindly request that it not be shared with non-members
Click Here to Download Lien And Bond Claims in the 50 States
Lien and Bond Claims in the 50 States: 2025 is published by FASA, The Foundation of The American Subcontractors Association, and was prepared by Eric B. Travers, Esq. and approved by the ASA Attorneys’ Council.
A lien is a claim against property to secure a debt. Liens that secure payment of debts owed to construction subcontractors for the value of work performed, and materials furnished, on a construction project, are quite common in the United States, and generally arise by operation of state law based on the consent of the land owner to have his or her land improved. A lien may be one of several legal tools at a subcontractor’s disposal to ensure payment, but a lien is generally the most effective tool because it encumbers the improved real estate in much the same fashion as a mortgage or a judgment, effectively preventing resale.
A bond is a three-party instrument by which one party (the surety) guarantees or promises a second party (the owner or prime contractor) the successful performance of contract obligations owed to the second party by its principal (the contractor or subcontractor).
Click here to browse the many other resources in the Info Hub
