ASA’s Subcontractors Legal Defense Fund (“SLDF”) Protects Subs

Kegler Brown Construction Newsletter

The SLDF was formed by ASA to protect subcontractors in the Courts by filing amicus briefs on critical appellate issues surrounding payment, liens, change orders, risk shifting and other issues of great concern to subs. The SLDF has helped secure numerous victories for subcontractors over the years on topics as varied as contingent payment, indemnity, no damage for delay, and bad faith terminations.

Attorneys representing construction subcontractors, and subcontractors themselves, are urged to help ASA identify cases in which the SLDF can have meaningful impact. Among the factors that ASA's SLDF 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 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 [email protected]. Kegler Brown, as ASA counsel, will review the relevant information and present the case to ASA's Task Force on the Subcontractors Legal Defense Fund for consideration.

For more information on the SLDF, go to