Volume 5 No.1 - American Subcontractors Association of Arizona
Transcription
Volume 5 No.1 - American Subcontractors Association of Arizona
ASA of Arizona, Inc. 4105 N. 20th Street Suite 230 Phoenix, AZ 85016 Subcontractors Update Bulletin (602) 274-8979 The Official Newsletter of the American Subcontractors Association of Arizona, Inc. Inside this issue: Subcontractors Update Bulletin Why All the Fuss About Accident Prevention? 2 ASA Members Sound the Alarm on Slow Pay 2 New Maricopa Co. 3 Stormwater Regulations ACE Launches ARRA Training 4 Mary Peters Joins 8 Goldwater Institute Writing Tip of the Month 6 ASA of Arizona Member Roster 7 Calendar of Events 8 2009-2010 Chapter Sponsors July 2009 The Economic Loss Rule: Is It Dead In Construction Defect Cases? Thanks to an Arizona Court of Appeals ruling, owners can bring claims against contractors under tort law. Since 1984, Arizona's “economic loss rule” has prevented an aggrieved party from recovering purely economic damages under tort law unless the tort (e.g., negligence) was accompanied by physical harm – either in the form of personal injury or damage to other property. The economic loss rule has historically applied to construction cases. in a southern Arizona shopping center that was insured by Valley Forge. The explosion, which severely damaged the shopping center but did not cause bodily injury or damage to any personal property, was allegedly caused by negligent gas line work performed by Sam’s Plumbing. hard and fast rule (as the economic loss rule has been applied over the years in Arizona), but instead is based on three equally important factors: The shopping center owner put in a claim to its insurance company, Valley Forge, for property and business-interruption damages caused by the gas explosion. Valley Forge paid more than $1.1 million to the shopping center owner as full compensation for the damages. • the type of loss for which the plaintiff seeks redress. See Woodward v. Chirco Const. Co., Inc., 141 Ariz. 514, 687 P.2d 1269 (1984); Nastri v. Wood Bros. Homes, Inc., 142 Ariz. 439, 690 P.2d 158 (1984); Colberg v. Rellinger, 160 Ariz. 42, 770 P.2d 346 (1988); Carstens v. City of Phoenix, 206 Ariz. 123, 75 P.3d 1081 (2003); and Hayden Business Center Condominiums Ass’n v. Pegasus Development Corp., 209 Ariz. 511, P.3d 157 (2005). Valley Forge then asserted a subrogation claim for negligence against Sam’s Plumbing to recover its $1.1 million payout. Sam’s Plumbing filed a motion for summary judgment, arguing that the economic loss rule barred Valley Forge’s claim. Based on the weight of prior case law, the trial court granted Sam’s Plumbing’s motion, and Valley Forge appealed the dismissal. However, in its March 2009 decision in Valley Forge Insurance Company v. Sam’s Plumbing, the Arizona Court of Appeals surprised the state’s construction industry (and construction attorneys) by ruling that the economic loss rule did not bar a negligence claim against a plumbing subcontractor for damages caused by a gas line explosion. Appeal. The Court of Appeals first looked at the protections afforded by contract law versus tort law. The Court noted that, in the property damage context, contract law focuses on standards of quality as defined by the contracting parties, while tort law focuses on the objective reasonableness of certain conduct and the actual harm it causes. The Court then explained that the decision as to whether contract or tort law applies is not a Gas explosion. This case arose from a gas explosion that occurred By Stephen Anthony Sacks Tierney, PA • the nature of the defect causing the loss, • how the loss occurred, and The Court further noted that the first factor looks at whether quality or safety concerns are primary; the second considers whether the loss results from a slow deterioration or a sudden accident or calamity; and the third examines the nature of the loss claimed. Applying these factors to the facts present in Valley Forge, the Court determined that there was no reason to preclude the tort action. The Court noted that Sam’s Plumbing contracted with the tenant to do limited work to the tenant’s space, and the resulting explosion severely damaged not only the tenant’s space but other parts of the shopping center as well. The Court determined that the deficient work on the gas pipes did not simply fall below the quality standards specified in the tenant’s contract. Instead, the work presented an extreme risk of danger to everyone and everything around the piping. Finally, the Court found that the explosion in this case is the exact type of sudden calamity or extraordinary event that is routinely governed by tort law. (continued pg 5 ) Page 2 ASA of Arizona, Inc. ASA Members Sound the Alarm on Slow Pay Three ASA members, including incoming national 2009-10 ASA President Darlene East, president, Holes Incorporated, Houston, Texas, told Engineering NewsRecord about increasing problems with slow payment in an article that will appeared in ENR's printed June 24, 2009. In "Slow Payment Is Sapping Contractors' Strength," East comments on "foot-dragging" that is extending payment cycles to 90 days for subcontractors on many projects, as well as on the inc r e as ed di f fic ul t ies t h at subcontractors are having in getting change orders approved. ASA Past Presidents (2007-08) David Bradbury, Precision Concrete Construction Inc., Alpharetta, Ga., and (2005-06) V i n c e n t T er r a f e r m a , K S W Mechanical Services Inc., Long Island City, N.Y., told ENR that slow payments, including the delayed release of retainage, are stressing subcontractors' cash flow and requiring them to borrow more money and, in effect, to finance projects. The article cites an informal poll of members that ASA conducted through its Discussion/ Mentoring Group on the Economy and its LinkedIn and Facebook social networking pages. Join these ASA groups and get tips on addressing slow pay. Go to www.asaonline.com, scroll down the home page and look under “ASA Solutions for Subcontractors and Suppliers.” ENR articles are available online for paid print subscribers at no cost or for an online viewing only subscription fee at www.enr.com. Why All the Fuss About Accident Prevention? You've heard lots of talk, read lots of words, about working safely on our projects. Sure it's "old stuff" — and important stuff. There's lots at stake for YOU in working without injury or damage. You have much to gain by keeping fit and unhurt. One reason has a big dollar-sign in front of it. But there are other important reasons: other people who count on you for happiness, and perhaps for financial support; they also have a big stake in your safety as a construction worker. And there are other things — like what you want most out of life. Maybe it's a top-favorite hobby like fishing, hunting, a boat, a new set of wheels, a trip to far-off places, entering or finishing up school, early retirement, or a healthy bank account to fall back on. Keeping uninjured and steadily on the payroll has a lot to do with winning your important goals in life. So don't think about safe work practices and rules as "hemming you in" or "cutting down on your individual freedom"; think about them as positive things, designed to help you keep your freedom and your abilities, so that you have a better chance of getting what you want most out of life. Think of all the things you're able to do now that give you earning power; then think of trying to do these same things if you were minus a hand...or arm...or leg...or your eyesight. It's much harder — if not impossible — for a disabled worker to reach all his major personal goals. A risky habit or dangerous condition on the job is a threat to your freedom and your future. Working efficiently and without injury is the safest avenue leading from where you are to where you want to be in life. Advocacy Fundraiser Your Chance to Win a $1,000 Gas Card Drawing September 21, 2009 Thanks to CBIZ / Mayer Hoffman McCann PC for sponsoring our June Networking Social at the National Bank of Arizona Biltmore Conference Center. Missed the fun? Mark your calendars and join us on August 18 for the next event hosted by Protection One. Support ASA as we join forces with our legislative coalition partners in ASCC to raise funds for continued advocacy efforts to reform retention and risk transfer/indemnity here in Arizona. Chances to win are $25 each and only 100 chances are available for purchase. To get your ticket call ASA Executive Director Carol Floco at (602) 274-8979. Subcontractors Update Bulletin Page 3 Four Schools Receive Much Needed Make-Overs The Roosevelt School District is working with ASA of Arizona Partners In Construction member D.L. Withers Construction and Orcutt Winslow Partnership on additions to four occupied school campuses, totaling about $5 Million. The school sites consist of: Dr. Bernard Black Elementary School, Amy Houston Academy, Clove C. Campbell Elementary School, and C.O. Greenfield, which have all broken ground. All four construction projects are scheduled to be completed in January 2010. Originally built by D.L. Withers Construction back in 2005, Bernard Black Elementary School, located at 6550 South 27th Avenue, will receive a 7,335 square foot (sq. ft.) addition to an existing building, which will include six classrooms and computer lab. Amy Houston Academy, a special education school located at 7139 S. 10th Street, will receive an 8,991 sq. ft. addition, which will include seven classrooms, an art room and art yard. Clove C. Campbell Elementary School, located at 2624 E. South Mountain Avenue, will receive a 7,351 sq. ft. addition of classroom space to an already existing building. Specifically, the addition will include six classrooms, a band room, and a band equipment room. A stand out feature to this addition is the music notes that will be located on the side of the building. News from Partners In Construction C.O. Greenfield will undergo a gym addition with approximately 11,812 sq. ft. of space, which will house a full size basketball court with six basketball hoops. The gym will also house two offices, showers, a large storage room and a concession stand. Stormwater Quality Management and Discharge Control Regulation The new Maricopa County Stormwater Quality Management and Discharge Control Regulation was approved by the County Board of Supervisors on May 6, 2009 and went into effect on June 8, 2009. The Regulation has been posted on the County’s Stormwater web site for the public to view at http://www.maricopa.gov/EnvSvc/ WaterWaste/StormWater/docs/ swregulation.pdf. The purpose of the Maricopa County Stormwater Quality Management and Discharge Control Regulation is to provide for the health, safety, and general welfare of the citizens of Maricopa County through the prohibition of non-Stormwater discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This Regulation will also protect waters within Maricopa County by improving the quality of the Stormwater runoff from urbanized areas to the County-owned system by means of the use of best Special Thanks to Hill & Usher, LLC for their generosity and support as sponsor of the Government Relations-Advocacy Committee management practices (BMPs) by the County and its citizens. This Regulation ensures that the County is compliant with its Arizona Pollutant Discharge and Elimination System (AZPDES) permit requirements by establishing methods for controlling the introduction of pollutants into the County’s municipal separate storm sewer system (MS4). Call Stormwater Quality Program (602) 372-1569 www.maricopa.gov/stormwater ASA of Arizona Attorneys Council Professional Council members are a valuable source of information and news for ASA members. Attorney Council members are a cornerstone of our monthly Professional Council Workshops, also providing newsletter articles and “Legal Minute” reports at our dinner meetings. Got legal questions? ASA chapter staff will be happy to provide you with a referral to one or more of our Attorney Council members. Participating member firms include: Sacks Tierney, PA • Holden Willits Murphy • Hunsaker & Palecek, PLLC Snell & Wilmer, LLP • Jennings Haug & Cunningham Folk & Associates Ryley Carlock & Applewhite For information on the Attorneys Council contact chairman Sharon Shively at (480) 425-2600 or email sharon.shively@sackstierney.com Page 4 ASA of Arizona, Inc. Subcontractors Update Bulletin Page 5 (Continued from pg 1) The Economic Loss Rule: Is It Dead In Construction Defect Cases? Ruling. The Court ruled that, in a construction defect case, the economic loss rule should be analyzed as it was by the Arizona Supreme Court in a products liability case, Salt River Project Agric. Improvement & Power Dist. v. Westinghouse Elec. Corp. The Court explained that, in Salt River, the Supreme Court did not create a bright-line test for determining whether to apply tort or contract law to a given case but, rather, utilized a balancing-of-the-factors test. Finally, although the Court of Appeals recognized the public policy goals of the economic loss rule to assure that contract law does not “drown in a sea of tort” and to encourage parties to efficiently negotiate the potential liabilities arising from contractual relationships, the Court noted that tort law also pursues important societal goals. The Court found that Sam’s Plumbing had a general duty under tort law, separate from any contractually assumed obligation, to exercise reasonable care in any work undertaken. This duty included the specific duty to take precautions to avoid a dangerous gas explosion. The Court held, therefore, that if Sam’s Plumbing breached this duty, Sam’s Plumbing was liable for all of the resulting economic damages. Impact on contractors. If the economic loss rule no longer precludes tort claims in Arizona construction defect cases, what is the consequence for contractors? • In a further assault on the economic loss rule, Division 1 of the Arizona Court of Appeals found that the rule did not preclude an owner from bringing a claim against an architect for negligent design, even for purely economic damages, because an architect is a “professional” and, therefore, owes a duty of care to the owner under tort law. See Flagstaff Affordable Housing Limited Partnership v. Design Alliance, Inc., 2009 WL 755285 (March 24, 2009 as amended April 20, 2009). A petition for review to the Arizona Supreme Court is pending. One major effect of the Valley Forge decision is that Arizona’s statute of repose (A.R.S. § 12-552) would no longer provide the same degree of protection to contractors. Prior to Valley Forge, contractors could be sued for property damage only under contract law. The statute of repose mandates that no claim under contract law can be brought longer than eight years after the project was completed. However, by its very wording, the statute of repose applies only to contract claims. Tort claims, on the other hand, can be brought at any time within two years after the claim is discovered. Under Valley Forge, owners can now bring claims against contractors under tort law as long as the claim is brought within two years after it is discovered. In other words, the statute of repose would no longer provide a date certain after which the contractor was safe from being sued for claims arising from work it performed. Stephen Anthony specializes his practice with Sacks Tierney, PA in the areas of civil litigation and construction law in the firm’s Scottsdale office. Mr. Anthony can be reached at (480)425-2614. These materials are designed to provide general information prepared by professionals in regard to the subject matter covered. It is provided with the understanding that the author is not engaged in rendering legal, accounting, or other professional service. Although prepared by professionals, these materials should not be utilized as a substitute for professional service in specific situations. If legal advice or other expert assistance is required, the service of a professional should be sought. Recognizing Our 2009-2010 Chapter Sponsors (So far!) Member support is a vital factor in the success and growth of our chapter. Last year ASA of Arizona launched a new Chapter Sponsor program offering member firms a variety of benefits for their contribution as Bronze, Silver, Gold and Platinum sponsors. Among the benefits included are logo presence on the chapter web site and newsletter, directory advertisement, Copper Club advocacy and Ben C. Griggs scholarship donations, dinner meeting sponsor, golf tournament sponsor package, and more. As of July 1st we are pleased to announce the support of Arok, Inc., Baker Triangle (Baker Drywall Arizona) and Markham Contracting Co. as Silver and Bronze sponsors for the new fiscal year. Your continued support of ASA and the construction industry is greatly appreciated. Stephen Anthony Page 6 ASA of Arizona, Inc. Former US Secretary of Transportation Becomes Goldwater Institute Senior Fellow Arizona native Mary Peters brings cabinet-level experience to policy organization Former Secretary of Transportation Mary Peters has joined the Goldwater Institute as a Senior Fellow. Ms. Peters served as transportation secretary for President George W. Bush from 2006 to 2009. Prior to that, Peters was the Administrator for the Federal Highway Administration. She also spent 16 years at the Arizona Department of Transportation, which she headed from 1998 to 2001. "We are thrilled to have Secretary Peters join the distinguished group of Goldwater Institute Senior Fellows," said Darcy Olsen, President and CEO of the Goldwater Institute. "With her unparalleled knowledge of transportation issues, she can offer much-needed, private sector-based solutions to our nation's traffic problems." at the Mercatus Center; Dr. Fred E. Foldvary, economics professor at Santa Clara University; Dr. George Reisman, Pepperdine University Professor Emeritus of Economics; and Todd J. Zywicki, law professor at George Mason University. Goldwater Institute Senior Fellows are selected for their exceptional knowledge, commitment to principle, and personal integrity. Fellows support the Goldwater Institute by sharing their experiences and expertise with resident scholars, assisting with research design and projects, reviewing research, writing reports, and participating in Institute roundtables, forums and conferences. Other Senior Fellows include Robert C. Balling, Randy Barnett, Benjamin Barr, James D. Gwartney, Alan Charles Kors, Dan Lips, Carrie Lukas, Stephen Moore, Robert G. Natelson, Michael J. New, Jeffrey Parker, Steve Pejovich, David Schmidtz, Bradley Smith, Nobel Laureate Vernon L. Smith, and Gordon Tullock. The Goldwater Institute also recently added as Senior Fellows: Dr. Veronique DeRugy, economist For more information on the Goldwater Institute Senior Fellows, visit www.goldwaterinstitute.org/ aboutus/seniorfellows.aspx. Writing Tip of the Month Good written communication skills are a necessity in today’s business and mass communication environment. But who doesn’t occasionally struggle with grammar and syntax? We’re happy to share these writing tips with you compliments of ASA. For other writing tips, see the ASA Style Guide under "Communications" in the Chapter Toolbox at www.asaonline.com. When Do I Need to Capitalize? The rules for capitalization are some of the first we learn in grammar school. But as we get older and our writing becomes more complex, the rules for capitalization become increasingly complex as well. To quickly recap, proper names and nouns, the first word in a sentence, titles (when they precede a name) and words derived from proper nouns are capitalized. Avoid unnecessary capitalization! Examples: Wrong. while in washington for ASA Champions Academy 2009, we plan to visit the vietnam veterans memorial and sen. McCaskill. Right. While in Washington for ASA Champions Academy 2009, we plan to visit the Vietnam Veterans Memorial and Sen. McCaskill. Wrong. This Summer we plan to help our non-native english speakers improve their language skills. Right. This summer we plan to help our non-native English speakers improve their language skills. The use of proper capitalization helps every writer more clearly communicate his or her message to the reader. Subcontractors Update Bulletin Page 7 2008-2009 ASA of Arizona Members A O Painting, Inc. A.M.E. Electrical Contracting, Inc. Able Body Labor Able Steel Fabricators, Inc. Ace Asphalt of Arizona, Inc. Action Equipment & Scaffolding Co., Inc. Adobe Drywall, LLC Adobe Paint, LLC Advance Terrazzo Company Aero Automatic Sprinkler Co. AEROTEK Ahern Rentals All American Concrete, LLC All Things Metal All Weather Tempering of Arizona Alliance for Construction Excellence Allied North America Insurance Brokerage Allred Metal Products, Inc. Allstate Utility Construction, LLC Ambient Electric American Fence & Security Co., Inc. Ammex Rebar Placers, Inc. Apodaca Wall Systems Arizona Drywall Co., Inc. Arizona Partition, Inc. Arizona Repair Masons — Arizona Ramjack Arizona Stucco Systems, LLC Arizona Traffic Signal Arok, Inc. Aspen Construction, Inc. Aspen Interiors ATS Electric, Inc. AZ Construction Resources Baker Concrete Construction Ballard Spahr Andrews & Ingersoll, LLP Banker Insulation Barrett-Homes Contractors Bedrock Builders BHK Lien Services, Inc. Blue Book of Building & Construction Border Construction Specialties, LLC Bowman Brothers Concrete, Inc. Britt Law Group PC Brooks Bros Utility Contractors Brown & Brown Insurance of Phoenix Brown & Sons Electrical Contracting, Inc. Brown Wholesale Electric Co. C Bar C Construction, Inc. CALPLY Campbell Printed Communications Canyon Plastering and Drywall Carson Sales Company CBIZ/Mayer Hoffman McCann, PC Ceco Concrete Construction, LLC Charger Construction Charles Court Construction, Inc. Chas Roberts Air Conditioning, Inc. CLP Resources, Inc. Cobra Stucco, LLC Compass Insurance — Schaefer-Smith-Ankeney Concrete Structures Construction 70, Inc. Construction Tool & Supply Contempo Construction, LLC Corbins Service Electric, LLC Cort Furniture Crane Rental Service, Inc. Creative Business Resources CRSI, Concrete Restoration Systems, Inc. Curran Masonry Corp. D.P. Electric, Inc. DBA Construction, Inc. DCW, Inc. Delta Diversified Enterprises, Inc. Diversified Builder Supply, Inc. Diversified Interiors, Inc. Diversified Roofing Division Nine Contracting, Inc. Double "D" Painting, Inc. Eagle Steel Erectors, Inc. Empire Southwest Enterprise Fleet Services Falcon Plastering, Inc. Five G, Inc. Folk & Associates, PC Freedom Glass, LLC Fyffe Masonry & Plastering, Inc. Galindo Construction, Inc. Gaylor, Inc. GEN-TECH Gilbert Plumbing Graef Construction, Inc. HACI Mechanical Contractors, Inc. Hagen Business Systems, Inc. HarnerEvans, PLC Harris Mechanical Southwest Harris/Arizona Rebar, Inc. Hennesy Mechanical Sales, LLC Hill & Usher Insurance and Surety Holden Willits Murphy The Horton Group Hunsaker & Palecek, PLLC Hyde Electric, Inc. Imperial West, Inc. Indigo Painting Industrial Refrigeration & Boiler Co. Interstate Mechanical Corp.- IMCOR Ironco Enterprises, LLC Irwin Union Bank, FSB J.D. Steel Company, Inc. J.F. Ellis Corporation Jennings, Haug & Cunningham Johnson Controls, Inc. Jones Concrete Construction, LLC J-Rock Drywall Juarez Contracting, Inc. Kaufman Fire Protection Systems KDM Contracting, Inc. Killer Shade Kortman Electric, Inc. Kovach, Inc. KUDZU.Com L & L Asphalt, LLC Lacina Contracting & Painting, LLC Landscape Construction Services, Inc. Leasing Associates Lifestyles Media Group, LLC Lovitt & Touche, Inc. Magnum Companies Maricopa Metals, Inc. Markham Contracting Co., Inc. Marlin Mechanical Corp. Masco Builder Cabinet Group McCoy Glass Products Mechanical Maintenance, Inc. Metro Traffic Control, LLC Meyer & Lundahl Mfg., Inc. Michael L. Riddle Painting, Inc. Midstate Mechanical, Inc. Minard-Ames Insurance Services LLC MKB Construction, Inc. Monsoon Roofing, Inc. Montezuma Paving Morrison & Associates, CPAs, PLLC Moss Adams, LLP National Bank of Arizona National Construction Rentals Navajo Welding Nelson-Holland, Inc. Nexus Steel, LLC Paint-Co Division of Stratford Painting Palo Cristi Stone Co. Palo Verde Drywall, Inc. Parsons Steel Erectors, Inc. Partitions and Accessories Co. Pavement Marking, Inc. Penington Painting Performance Contracting, Inc. Performance Safety Petty's Tile Co., Inc. Phoenix Concrete Cutting Phoenix Pipelines, Inc. Pittman & Murdough, PLLC Prado & Sons Pool Plastering, Inc. Premiere Wood Floors, Inc. Pro Steel Erectors II, Inc. Progressive Concrete Works Progressive Roofing Protection One Reliable Roofing Co. Richard D. Dodd, CPA RICOR, Inc. Road Markings, Inc. Ron's Concrete Construction, Inc. Royal Concrete, Inc. Ruiz Insurance Group, LLC Rummel Construction, Inc. Russell A.C., Inc. Ryan Mechanical Co. Ryley Carlock & Applewhite S & S Paving and Construction, Inc. Sacks Tierney, PA Saguaro Drywall Sandstorm Construction, LLC SCF Arizona Sharp Painting, Inc. Skill Supply, LLC Skinner Interior Systems, Inc. Skyline Steel, Inc. Small Giants Smith Pre-Cast Snell & Wilmer, LLP Sombrero Painting, Inc. Southwest Contractor — McGraw-Hill Construction Southwest Slurry Seal, Inc. Star Plastering, Inc. Star Roofing, Inc. StarCity Telesis Strongfield Trimco Contracting Structures Group Southwest, Inc. Sun Valley Masonry, Inc. Suncraft Sunland, Inc. Sunstate Equipment Co. Suntec Concrete Sutter Masonry, Inc. Talis Construction Corp. Taylor Duffy & Associates, PC Top Flite Construction Triad Steel Services, Inc. Tri-V-Paving, LLC Tucson Commercial Carpet Tull Forsberg & Olson, PLC United Rentals, Inc. Universal Piping University Mechanical & Engineering Utility Construction Co., Inc. Vickers/Hari Contracting, Inc. W & W Architectural Metals, Inc. W. J. Maloney Plumbing Co., Inc. Walls & Ceilings MD, LLC Walters & Wolf Construction Specialties Wheeler Construction, Inc. Willis of Arizona, Inc. WSP, Inc. Yavapai Mechanical, LLC Yellow Jacket Drilling New Member “The Voice of Arizona Subcontractors” ASA of Arizona Members Recognized for Generosity Through ASA/FASA Circle Club American Subcontractors Association of Arizona, Inc. Carol Floco Executive Director carol@asa-az.org David Howells Membership Director memberservices@asa-az.org Ivan Llata Member Support Services office@asa-az.org Phone: (602) 274-8979 Fax: (602) 277-4505 E-mail: asa@asa-az.org www.asa-az.org We’re on the WEB Www.asa-az.org In these tough economic times, ASA members continue to generously contribute to programs that make a difference for all subcontractors. The ASA/FASA Circle Club features five circles of membership, recognizing different levels of contribution from July 1 to June 30: Bronze Circle (below $500), Silver Circle ($500 to $2,499), Palladium Circle ($2,500 to $4,999), Gold Circle ($5,000 to $9,999), and Platinum Circle ($10,000 and above). Eligible ASA programs include: Subcontractors Legal Defense Fund ASA-Political Action Committee ASA-Political Action Committee Administrative Fund Cornerstone Club Chapter Scholarship Fund Eligible Foundation of ASA (FASA) programs include: FASA General FundContractors’ Knowledge Quest More information and a complete list of Circle Club members can be found at www.asaonline.com/Web/ about_asa/Circle_Club.aspx. ASA of Arizona members had a strong showing during the 2008-2009 and closed out the fiscal year with the following members on the Circle Club membership list: Bronze A-O Painting, Inc. Yavapai Plumbing & Electrical, Inc. Silver ASA of Arizona; Carol Floco Cobra Stucco, LLC Corbins Electric; Susan Baxter Fyffe Masonry & Plastering, Inc. Partitions & Accessories Company Meyer & Lundahl Manufacturing, Inc. Palladium HACI Mechanical Contractors ASA and FASA say “thank you” to each of these members for their generosity! We hope that during 2009 -2010 ASA of Arizona members will continue and expand support of this important fundraising effort. Contributor information provided by the ASA national office. For more information, call (703) 684-3450, Ext. 1333, or visit www.asaonline.com and click on “Contribute to ASA/FASA” under “About ASA.” Learn more about how ASA is defending your rights through SLDF at www.asaonline.com and click on “Subcontractor Advocacy” Calendar of Upcoming Events / August 2009 2009-2010 Board of Directors August 11 / Tuesday Officers: President Government RelationsAdvocacy Committee 11:30 am Lunch & Networking 12:00 pm Meeting Location: Hill & Usher Training Ctr. Jeff Banker Banker Insulation, Inc. President Elect Vice President Secretary David Beer Sun Valley Masonry, Inc. Bob Conshue Ambient Electric Vic Pietkiewicz Harris Mechanical Southwest Treasurer Michael Gatson Pittman & Murdough, PLLC Imm. Past President John Yoder Star Roofing, Inc. Directors: Sheridan Bailey Ironco Enterprises, LLC Marlin Coffee Magnun Companies, Inc. Kevin Gaston Ace Asphalt of AZ, Inc. Ward Jennings Able Steel Fabricators, Inc. Jim Palecek Hunsaker & Palecek, PLLC Jim Sienicki Snell & Wilmer, LLP Patricia Thornham Advance Terrazzo Company Dennis Tsonis Lovitt & Touché, Inc. Christine Ulibarri Morrison & Associates, CPSs 3033 N. 44th St., Ste. 300, Phoenix August 13 / Thursday Professional Council Workshop To Be Announced (check our web site) 7:30—9:30 am Location: ASA Chapter Office Membership Committee 11:30 am Committee Meeting Location: ASA Chapter Office August 14 / Friday Special Event: ASA Night with the Diamondbacks (v. Dodgers) 6:40 pm First Pitch Special All-You-Can-Eat Seats Advance Registration Required August 17 / Monday Arizona State Contractor Coalition (ASCC) 8:00 am Coalition Meeting Location: ASA Chapter Office Finance Committee 1:30 pm Committee Meeting Location: Pittman & Murdough August 18 / Tuesday Lunch & Learn To Be Announced (check our web site) 11:00 am Registration & Lunch 11:30 am Program August 19 / Wednesday Safety Committee 11:00 am Meeting & Lunch Location: ASA Chapter Office SCF Task Force 1:00 pm Quarterly Review Meeting Location: ASA Chapter Office August 20 / Thursday Education & Events Committee 9:30 am Meeting Location: ASA Chapter Office Networking Social 4:00—6:00 pm Hosted by Protection One Location: 11226 N. 23rd Ave. #103 Phoenix 85029 August 26 / Wednesday Safety Training: Material Handling & Safety 7:30—10:30 am Location: ASA Chapter Office Advance Registration Required SAVE THE DATE Sporting Clay Shoot October 23 / Friday Ben Avery Range Facility, Phoenix 7:00 am Registration/Safety Brief 8:00 am Start $125 pp / 5-Man Teams Advance Registration Required