Masonry Magazine June 1998 Page. 36
Paid if Paid Clauses
Continued from page 11
North Carolina and Wisconsin have passed laws that declare pay-if-paid clauses void and unenforceable.
Laws in Illinois, Maryland and Missouri take a different approach. While none of these states ban pay-if-paid clauses, the laws state that such clauses shall not provide a defense to a mechanic's lien claim (Illinois and Missouri), or either a lien or payment bond claim (Maryland).
Georgia took a step in the right direction in 1997 by assuring that a subcontractor that has not been paid because of owner nonpayment, in conjunction with a contingent payment clause, is excused from having to first sue the prime contractor to perfect its lien. The subcontractor now is allowed to prosecute the lien claim by filing suit directly against the nonpaying owner. It remains to be seen whether the owner will be allowed by the courts to assert as a defense any disputes with the contractor as the reason for nonpayment.
"Subcontractors are now legislatively insulated in these states, as a matter of public policy, from the strict application of unfair contingent payment language," said David Hendrick, general counsel for ASA, and partner of the Atlanta-based law firm of Hendrick, Phillips, Schemm & Salzman.
Contingent payment is still a problem in the construction industry, as evidenced by the recent cases in California and Colorado. ASA will continue to be at the forefront of the battle for subcontractor payment rights as long as the industry practices risk shifting instead of risk sharing.
For more information, contact ASA Director of Government Relations Brian Pallasch at (703) 684-3450, ext. 333.
Specialty Contractor Press offers educational materials to help subcontractors better understand contract issues. Fundamentals of Fair Subcontracts, Item #4127, $19 for ASA members and $24 for non-members. Subcontractoris Contract "Tool Box": How to Use the AIA Contract Documents, Item #4128, $19 for ASA members and $27 for non-members.
©Copyright 1998 The Subcontractor 1004 Duke St. Alexandria, VA 22314-3588, telephone: (703) 684-3450 ext 335; fax: (703) 836-3482: e-mail: ASAOffice@aol.com. Reprinted with permission. All rights reserved.
36 MASONRY-MAY/JUNE, 1998
Reality of Employce Recruitment
Continued from page 12
work, etc.) and soft skills (able to work with people, able to work alone) and weight each of these skills in order of priority for you. Create a checklist of this job profile and the next time a candidate walks into the office for an interview, have this sheet before you or fill one out immediately after the interview is completed. If the candidate does not meet your criteria thank them for their time and send them to your competitor who is ready to spend a lot of money recruiting more people to his company.
Recruitment is not the problem in our industry. Retention is the problem. If you have created a culture in your company that perpetuates employee turnover, it is time find out why.
Recruitment is not the problem in our industry, retention is the problem
In our market a subsidiary of the local business development group is conducting a massive survey of employers and employees to find out why the chasm between the two groups is so adversarial. Employers are reporting that employees don't want to work and employees are claiming they are treated with disrespect for their safety and well being. This is only the tip of the iceberg of what must be done to accommodate the needs of the workforce of the new millennium. The responsibility for a successful company is a shared effort between employer and employee, labor and management. Interestingly enough, it has always been this way and will always be this way. There are no employee problems, only management problem.
Workers have indicated that by the thousands they are willing to work in our industry. It is our job to make them want to work here.
Editors Note: RoAnne Barnett Marett provided the ideal experience base for heading up a new enterprise in the Louisville market to meet the training and recruiting needs of the masonry industry. Construction Training Institute, a 501 (3) venture opened its doors in 1994. Funded totally by the local masonry industry: Construction Training Institute offers both entry level and apprenticeship level training for the masonry construction industry.
Training Trends
Continued from puge 20
In general, construction firms are far behind in recognizing and implementing this important trend. One respondent reported that his company was planning to spend more in salary increases than for training as they moved more toward a "free agent" system than a "farm" system. While not uncommon, this mentality fails to see training and development as valuable tools for enhancing productivity and retaining good employees with industry experience and company-specific expertise and skills.
Providing training opportunities for employees beyond the executive level enhances employee morale, skills, abilities, and, hence, productivity.
Editors Note: Andria K. Wolfe is a consultant with FMI's Management Training & Development Group of FML. She has experience in the areas of communication, instructional design, assessment, and organizational career development. She has worked in training both in the U.S. and internationally FMI has offices in Raleigh, North Carolina, Tampa, Florida: and Denver, Colorado. For more information, Andria can be reached in FMI's Raleigh office at (919) 787-8400 or her e-mail address is awolfe@fminet.com.
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