SLDF: ASA in the Courts
Each year, courts across the country hand down hundreds of decisions on federal and state laws, as well as court-made or "case" law, that apply to subcontractors' businesses. Many of the decisions impacting subcontractors interpret the contract provisions of subcontract agreements — provisions like pay-if-paid, hold-harmless, duty-to-defend, and no-damages-for-delay. Some of these decisions are precedent-setting and carry significance for subcontractors across state lines.
ASA's Subcontractors Legal Defense Fund supports ASA's critical legal activities in precedent-setting cases to protect the interests of all subcontractors. ASA taps the SLDF to fund amicus curiae, or "friend-of-the-court," briefs in appellate-level cases that would have a significant impact on subcontractor rights.
From its inception, the SLDF has been involved in many landmark decisions, starting with its first case in 1997, Wm. R. Clarke Corporation v. Safeco Ins., which prohibited pay-if-paid clauses in California.
Summary of SLDF Activity
Read a summary of recent SLDF Activity, including:
- Superior Steel, Inc. and Ben Hur Construction Company, Inc. vs. the Ascent at Roebling’s Bridge, LLC, Corporex Development & Construction Management, LLC, Dugan & Meyers Construction Company and Westchester Fire Insurance Company (unjust enrichment; contingent payment)
- [ASA and 22 Construction Associations] vs. Occupational Safety and Health Administration, U.S. Department of Labor, et al. (OSHA crystalline silica rule)
- Manhattan | Vaughn, JVP, Appellant, v. Josefina Garcia, Individually and as Heir to the Estate of Angel Garcia; and Orbelinda Herrera, as Next Friend of A.G. and B.G. (Minors) (workers compensation as exclusive remedy)
Read recent ASA briefs and the resulting court decisions in which ASA had involvement.
Make a contribution. The SLDF is funded entirely by voluntary contributions.
Know of a decision that could set a precedent impacting subcontractors, and want ASA to get involved? Send your completed SLDF application to ASAOffice@asa-hq.com.