Growing through the years

The national ASA charts a time line of accomplishments

The American Subcontractors Association has a rich history of defending subcontractor rights at the federal and state levels for the last 36 years.

The following time line offers selected highlights of when the national ASA has joined together with others -- and when ASA needed to go it alone -- to improve payment practices, establish fairer contract terms and generally raise the level of professionalism for our industry. ASA has played a major -- and sometimes solitary -- role in making each of these accomplishments a reality.

1966

• The D.C. Metropolitan Subcontractors Association and the Subcontractors Trade Association of New York City join together to form the first ASA.

1968

• ASA establishes the National Advisory Council for other national associations that represent specialty-trade contractors.

1969

• A liaison is established with the American Institute of Architects.

1970

• ASA embarks on its first legislative initiative, which seeks to reform the federal Miller Act.
  
  
• ASA provides chapters with guidelines on conducting credit interchanges. These are the forerunners of the Business Practices Interchanges.

1971

• A formal liaison with the Associated General Contractors of America is established.

1972

• ASA first endorses the AIA's A401 Standard Subcontract.

1973

• ASA begins its first foray into eliminating retainage by starting Project Stamp Out Retainage Entirely.
  
  
• The federal General Services Administration launches a pilot program to test bid listing.
  
  
• ASA, AGC and the Associated Specialty Contractors adopt a series of policies on topics such as change orders, temporary job utilities, construction-coordination conferences and back charges.

1974

• The GSA and the Federal Highway Administration agree to implement retainage reform.

1975

• The federal Department of Health, Education and Welfare reduces retainage.
  
  
• The U.S. Court of Appeals rules that subcontractors are not responsible for Occupational Safety and Health Administration violations committed by others.

1976

• ASA publishes a model affirmative-action plan that is designed to help members comply with federal regulations.

1979

• The first ASA legislative survey identifies government paperwork and bureaucracy as a major issue.

1980

• The Regulatory Flexibility Act, Paperwork Reduction Act and the Equal Access to Justice Act are enacted.

1981

• The Department of Defense launches a pilot program to reduce retainage.
  
  
• ASA establishes its political-action committee.

1982

• The Prompt Payment Act of 1982 establishes standards for prompt payment on federal contracts, but it doesn't include payment for construction or subcontractors.

1983

• The Office of Federal Procurement Policy publishes a final rule that eliminates routine retainage on federal construction.
  
  
• ASA of the Carolinas and ASA of Louisiana enact precedent-setting, prompt-pay laws that include subcontractors for the first time.

1984

• ASA opposes subcontract forms unilaterally developed by AGC, and ASA publishes a commentary and an addendum for subcontractors.

1985

• ASA, AGC and ASC publish a model-payment schedule for all tiers in the construction process.
  
  
• A federal statute recognizes the importance of subcontractor payment for the first time.

1986

• The White House Conference on Small Business includes prompt payment for subcontractors in a list of recommendations for the president and Congress.
  
  
• ASA adopts Professional Standards of Practice for Construction Subcontractors.

1988

• President Reagan signs the Prompt Payment Act Amendments of 1988. They extend federal prompt-payment protections to construction subcontractors.
  
  
• ASA and other groups fight OSHA's proposed Hazard Communication Standard, and they take the battle to the U.S. Supreme Court.
  
  
• ASA endorses the revised 1987 AIA model documents, which include general conditions (A201) and the standard subcontract (A401).

1989

• ASA, AGC and ASC publish Guidelines for a Successful Construction Project.
  
  
• ASA, the Associated Builders and Contractors and the National Association of Home Builders publish the OSHA-approved Hazard Communication Standard: A Guide for the Construction Industry.

1991

• North Carolina is the first state to outlaw pay-if-paid clauses.
  
  
• Wisconsin is the first state to enact a Subcontractors Rights Act, which includes a ban of pay-if-paid clauses, "venue" clauses and contractual waiver-of-lien and bond rights.
  
  
• ASA works with a coalition to enact the Intermodal Surface Transportation Efficiency Act, which provides $151 billion in surface-transportation funding.

1992

• The Department of Defense, with input from ASA, develops new regulations strengthening subcontractor payment protections.

1993

• Mastering Subcontracts, which is ASA's first self-study course, is introduced.
  
  
• ASA and the National Association of Credit Management succeed in amending the Bankruptcy Reform Measure to increase subcontractors' protections when customers go bankrupt.

1994

• ASA endorses the new AGC/ASA/ASC model subcontract.
  
  
• The first attempt to eliminate pay-if-paid clauses through the courts succeeds when the New York Court of Appeals rules that pay-if-paid clauses should be against public policy.

1995

• A law is enacted to require that federal contracting officers provide payment information on prime contractors' requests for payment and whether payment has been made.

1996

• The Tennessee Supreme Court rules that pay-when-paid language establishes a time for payment rather than a condition precedent for payment.

1997

• ASA establishes the Subcontractors Legal Defense Fund and celebrates victory when the California Supreme Court rules that pay-if-paid clauses should be against public policy.
  
  
• ASA endorses the revised AIA model documents, which include general conditions (A201) and the standard subcontract (A401).

1998

• ASA publishes an addendum to AGC's 650/655 documents.

1999

• President Clinton signs the Construction Industry Payment Protection Act of 1999, which makes ASA's Miller Act reforms a reality.
  
  
• ASA publishes an addendum to AGC's 450/455 design-build documents.
  
  
• The Colorado Supreme Court places strong limitations on pay-if-paid clauses.
  
  
• The New York Supreme Court upholds the decision that contingent-payment schemes are against public policy.

2000

• ASA launches its Web site, which includes a members-only section and e-commerce capabilities.
  
  
• ASA launches the Subcontractors' Transfer of Risk Action Plan to address contractual and insurance risk-transfer problems.
  
  
• *Arizona enacts revolutionary payment protections that include "default" payment terms.

2001

• President Bush signs the 10-year estate-tax phaseout into law.
  
  
• SubLocate.com, an on-line searchable database of ASA members, goes live.
  
  
• ASA wins a New York court case that preserves subcontractors' right-to-claim-delay damages.
  
  
• Congress introduces the Anti-Bid-Shopping Bill.
  
  
• The Internal Revenue Service relaxes its tax rules to allow more contractors to use the cash-accounting method.

2002

• The Foundation of the American Subcontractors Association launches the Contractors' Knowledge Network.
  
  
• The online National Business Practices Interchange is established.
  
  
• Engineering News-Record endorses the Owners and Contractors Protective Liability Insurance, which is a key part of ASA's STRAP program.

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