Subcontractors Legal Defense Fund
Kegler Brown Construction Newsletter July 1, 2012
The courts are a key battleground in the fight for subcontractor rights. ASA’s Subcontractors Legal Defense Fund (“SLDF”) supports the Association’s critical legal activities to protect the interests of all construction subcontractors. The SLDF is used to invest in precedent-setting litigation to establish subcontractors’ rights.
Attorneys representing the construction subcontractors and subcontractors themselves can help ASA identify cases in which ASA can have meaningful impact. Among the factors that ASA considers when deciding whether or not it should participate as an amicus in a case are whether:
- The issues are of specific interest to construction subcontractors and suppliers.
- The issues are focused and clearly presented.
- There is a consensus among ASA members on the issues.
- ASA could have a meaningful impact in the judicial proceedings.
- The proceeding is likely to result in setting favorable judicial precedent (or avoiding the setting of unfavorable judicial precedent) primarily in appellate level court proceedings or other format in which the results are reported.
- The issues or forums are of high visibility from a public relations standpoint.
- A party seeking ASA’s intervention has agreed to indemnify ASA for expenses incurred should the case be settled prior to a final decision in the proceeding.
An individual who identifies a case should promptly bring it to the attention of ASA by completing an SLDF Application and e-mailing it with supporting materials to SLDF@asa-hq.com. Our firm, acting as ASA counsel, then will review the relevant information and present the case to ASA’s Task Force on the Subcontractors Legal Defense Fund for consideration.