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High-Profile: ASM Special Feature

August 2019

Associated Subcontractors of Massachusetts

From the Desk of Michael McDonagh Associated Subcontractors of Massachusetts

CEO of Associated Subcontractors of Massachusetts

by Michael McDonagh It seems like summer is just getting started, but here we are in August and at the Associated Subcontractors of Massachusetts (ASM) we are already looking forward to exciting fall activities, programs, and events. We are very excited for our signature event this fall when we will hold our biennial gala on November 7 to celebrate our industry and install our new officers and directors. At the same time, we remain focused on keeping our members as up to date as possible with the most current and relevant information for their business. We all know laws constantly change and new trends emerge in the construction industry. This is why we are finalizing details for upcoming seminars on business, insurance, contracts, dispute resolution and other legal topics for subcontractors. We are also planning sessions this

fall for our Safety Roundtable, which is open to all our member companies. Our members know that workplace safety always comes first. Regular training and awareness on safety is one of the most important services ASM provides. In the meantime, our advocacy on legislative and regulatory issues has not slowed down. In our advocacy work we strive to protect and advance the interests of all subcontractors. While the legislature remains focused on several “big ticket” items such as transportation/ infrastructure funding, climate adaptation, and education funding, to name a few, ASM has several priority issues it is following. One bill, filed at the request of ASM, would go a long way to alleviating stress among subcontractors when entering into a contract with a general contractor. These contracts typically have broad indemnification clauses that can make a subcontractor 100% financially responsible for accidents, including personal injury and property damage, where they were only 1% at fault. ASM’s bill is meant specifically to protect subcontractors by prohibiting contract terms requiring a subcontractor to indemnify anyone for injury or damages

not caused by the subcontractor. While indemnification is specific to subcontractors, the issue of “wage theft” touches all companies who work in the construction industry and beyond. ASM supports strong enforcement of our wage laws. But we don’t support, and we made clear to the legislature, holding innocent construction companies liable for violations of other companies through the concept of “vicarious liability.” If passed, this concept would apply to every business entity in the commonwealth that contracts with another business for labor or services of any kind. It makes every employer in the commonwealth, in every industry- not just construction - potentially liable for

wage violations against workers who are not their own employees. ASM will continue to work with the legislature, our industry partners, and all stakeholders on this issue to try to find a solution that is both fair for employers and effective in stopping wage theft. These are a couple of examples of issues that impact the day to day business of subcontractors. On these and many other issues, ASM works tirelessly to ensure that subcontractors have a seat at the table and a voice in the process. Michael McDonagh is the CEO of Associated Subcontractors of Massachusetts.

ASM 2019 Calendar of Events September 18 at 10:00 A.M. • ASM Safety Roundtable October 16 at 10:00 A.M. • ASM Safety Roundtable November 7 at 5:00 P.M. • ASM Biennial Meeting 2019 November 20 at 10:00 A.M. • ASM Safety Roundtable December 18 at 10:00 A.M. • ASM Safety Roundtable

ASM Board of Directors 2017-2019 President SUSAN COGHLIN MAILMAN Coghlin Electrical Services, Inc.

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INSURANCE ANDSURETY SURETY BONDS FOR INSURANCE AND AND BONDS FOR INSURANCE SURETY BONDS FOR General Contractors

Building Owners and Managers Building Owners and Managers TradeProperty Subcontractors Building Developers Property Developers Generaland Contractors Owners Managers General Contractors Trade Subcontractors Property Developers Trade Subcontractors

Property Liability Insurance Property and Liability Insurance Propertyand and Liability Insurance Coastal Property Insurance Coastal Coastal Property Insurance Builders Risk Insurance Builders Builders Insurance SuretyRisk Bonds Surety Bonds

Oscar B. Johnson

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Oscar Vice B. Johnson Executive President OscarSURETY B. Johnson INSURANCE AND BONDS FOR Executive President ExecutiveVice Vice President

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States Insurance Agency,and Inc.Liability Insurance Building OwnersEastern and Managers Property Eastern States Insurance Agency, Property Developers Property Eastern States InsuranceCoastal Agency, Inc.Inc.Insurance General Contractors Builders Risk Insurance Trade Subcontractors Surety Bonds 50 Prospect Street | Waltham, Massachusetts 02453 | (781) 642-9000 | (781) 647-3670 fax | esia.com

President-Elect PETER J. GORMLEY New England Waterproofing, Inc. Vice President / Assistant Treasurer STEVEN T. AMANTI E. Amanti and Sons Inc. Vice President DANA E. JOHNSTON, JR. Fall River Electrical Associates, Co., Inc. Treasurer RUSSELL J. ANDERSON Southeastern Metal Fabricators, Inc.

Executive Vice President

(781) 642-9000 | (781) 647-3670 fax | esia.com Eastern States Insurance Agency, Inc.

50 Prospect Street | Waltham, Massachusetts 02453 | (781) 642-9000 | (781) 647-3670 fax | esia.com

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