January 16, 2019
On January 15 ACE (Alliance for Construction Excellence) sponsored a dinner meeting in Richmond, VA with members of the Commonwealth of Virginia Senate Finance and House Budget Committee Members. The Department of Labor and Industry Commissioner Ray Davenport and Virginia Lieutenant Governor Justin Fairfax Topics of conversation included mechanic lien rights, prompt pay, worker misclassification (fraud), and (more…)
Contractors and Subcontractors can obtain information on payments made by the Department of General Services to prime contractors
in the District of Columbia by clicking here
in VIRGINIA, click here
March 23, 2018
ACE is pleased that many legislators and their staffs enjoyed ACE-sponsored events. This year’s Virginia legislative reception was held on January 10th at The Commonwealth – a landmark hotel in Richmond for over 100 years. (more…)
Matthew Helminiak, Commissioner of Labor and Industry at the Maryland Department of Labor, Licensing & Regulation, met with representatives of the Alliance for Construction Excellence on January 3rd, 2018 in Lanham, Maryland. Commissioner Helminiak touched upon many important topics of interest to sub-contractors including submitting prevailing wage surveys, efforts in Maryland to increase the minimum wage, and worker misclassification.
ACE members headed to Richmond, VA to host their annual reception for state legislators. The successful event was held in the stunning Old City Hall building and organized by David Bailey of David Bailey Associates. The hot topic on ACE’s agenda was the need for transparent procurement.
Andy Porter, NECA Executive Director
& Rep. Sally Jameson
Maryland State Representative Sally Jameson (D-28), representing Charles County in Southern Maryland, stopped by the National Electrical Contractors Association (NECA) and the International Brotherhood of Electrical Workers Local 26 state-of-the-art Joint Apprenticeship Training facility located in Lanham, MD for a tour and to meet apprentices, staff and JATC leadership.
Five years ago, the JATC provided $120,000 of electrical equipment to the Charles County School System to facilitate apprenticeship training by the JATC at North Point High School. The award allows apprentices from Southern Maryland to take up to five classes offered by the JATC at North Point High School’s classroom.
Pictured from left to right, Andy Porter,
Christopher Cash, Training Director,
Rep. Sally Jameson & Ralph Neidert,
Assistant Training Director.
With the support of ACE, two bills passed in 2016 that strengthen subcontractors’ ability to be paid for work performed. Maryland passed Senate Bill 826: State Procurement Change Order Fairness Act, and Maryland Governor Hogan signed the Bill into law on May 19, 2016. This law prohibits a public body from requiring a prime contractor, and a prime contractor from requiring a subcontractor, to begin change order work under a contract until the procurement officer issues a written change order.
Contractors gained additional protection when the District of Columbia City Council passed the Procurement Integrity, Transparency, and Accountability Emergency Amendment Act of 2016 on September 20, 2016. Included in the Act are requirements for a prime contractor to include in its subcontracts a clause that requires the prime contractor to:
- Within 5 business days of receipt of the funding certification notice provide the subcontractor with notice of the approved amount to be paid to the subcontractor based on the portion of the additional work to be completed by the subcontractor;
- Pay the subcontractor any undisputed amount to which the subcontractor is entitled for any additional work within 10 days of receipt of payment for the additional work from the District; and
- If the prime contractor withholds payment from a subcontractor, notify the subcontractor in writing and state the reason why payment is being withheld and provide a copy of the notice to the contracting officer. Subcontractors must be paid seven days after the general contractor is paid.
ACE recently met with Mr. George Lewis, Chief Contracting Officer at the Office of Contracting and Procurement for the District of Columbia to offer support of this effort, and encouraged greater transparency in the process. ACE advocated the idea of having a website where the District will post notices when a prime contractor is paid so subcontractors can validate payment prior to making a legitimate demand for payment.
Washington, D.C. Chapter, NECA
Several ACE members and their contractors met with State Senator Mac Middleton, chairman of the Senate Finance Committee, at his farm in Waldorf, Maryland this month.
The group discussed the Sick and Safe legislation(s) that will be introduced in January when the session convenes and how it can affect the unique nature of the construction industry.
There will be at least three bills introduced on Sick and Safe this upcoming legislative session: HB1 a hold over bill from the 2016 session; HB65 a new bill with modifications of HB1 language though of the same vein, and Governor Hogan’s bill that appears to be more business friendly.
Mike Doerk, Delegate Edith Patterson, Senator “Mac” Middleton and Greg Pickens
On September 14 Maryland Senator Thomas “Mac” Middleton and State Delegate Edith Patterson visited ADJ Sheet Metal in White Plains, Maryland.
ADJ Sheet Metal’s President Greg Pickens and Executive Vice President Mike Doerk, along with SMACNA Mid-Atlantic Chapter Executive Director Bernie Brill, discussed the industry and many of its challenges. Senator Middleton and Delegate Patterson were interested in apprentices training, job creation, and the impact technology is having on construction.
Other issues raised were what the impact of mandatory paid sick leave would have on construction and worker misclassification issues.