Know your rights

An overview of ASA's Contracting Bill of Rights

All members of the construction team should strive to treat their customers and each other in a professional way.

The Contracting Bill of Rights was developed by the American Subcontractors Association to articulate the rights deserved by each company that contracts to provide construction services. While no one is perfect, ASA members put forth their best efforts to abide by the ideas expressed in this document.

The Contracting Bill of Rights

We the General Contractors, Subcontractors, Design Professionals and Construction Industry Suppliers of these United States of America, in Order to form a more perfect Construction Industry, establish Fairness, ensure Equality among all Construction Industry Businesses, provide for the Welfare of the Workers, promote quality construction, do ordain and establish this Contracting Bill of Rights.

Articles proposed by the General Contractors, Subcontractors, Design Professionals and Construction Industry Suppliers, are to be ratified by the United States Congress, the legislatures of each of these United States, regional and local lawmaking bodies and other appropriate entities and become law.

Article the first

All General Contractors, Subcontractors and Design Professionals shall provide a work environment intended and designed to attract and retain an adequate and trained work force, including providing a living wage and appropriate benefits, skill and career training and a safe and healthy workplace.

Article the second

No Owner, General Contractor, Design Professional or Construction Industry Supplier shall shift risk that it can better mitigate, control or manage itself.

Article the third

All Owners, General Contractors, Subcontractors, Design Professionals and Construction Industry Suppliers shall strive to avoid disputes.

Article the fourth

The laws of a State shall take precedence and be enforced on all construction contracts for work performed in that State. Furthermore, all suits brought in construction contract disputes for work performed in a State shall be filed in an appropriate Court of Law where the project is located, and venue shall not be changed without the prior express agreement of all parties to the suit.

Article the fifth

No Owner, General Contractor, Subcontractor or Design Professional shall receive or provide a bid and subsequently disclose that bid to another with the intention of enticing that party to lower its bid or awarding the contract for a lower bid to other than the original low bidder.

Article the sixth

All General Contractors, Subcontractors and Design Professionals shall be entitled to full and prompt payment for all work properly performed, for all materials properly stored and for all services properly provided. Furthermore, any contract clause that abridges or waives such entitlement to full and prompt payment is against public policy.

Article the seventh

Any General Contractor, Subcontractor or Design Professional not paid promptly for work properly performed, for all materials properly stored and for all services properly provided shall have the right immediately to suspend performance until full payment has been received, including for all reasonable costs incurred due to suspension. Furthermore, that General Contractor, Subcontractor or Design Professional shall have the right to be paid for all
reasonable costs of remobilization.

Article the eighth

Any contract provision that prevents a General Contractor, Subcontractor or Design Professional from reasonable compensation for delays caused by the Owner or another party to the construction contract is against public policy.

Article the ninth

An Owner or User of a building, structure or improvement to real property shall not be permitted beneficial use of that building, structure or improvement until all General Contractors, Subcontractors, Design Professionals and Construction Industry Suppliers that have provided labor, material or construction services shall have been paid in full.

Article the tenth

All General Contractors, Subcontractors and Design Professionals shall be awarded attorney fees and other costs associated with enforcing the rights provided for under this Bill of Rights.

Main | Story Index | Schedule of Events | Links | Daily Reporter Main |