ASA supports subcontractor in court dispute
The American Subcontractors Association and its two chapters in Tennessee will help a subcontractor in a case before the Tennessee Court of Appeals. ASA will intervene in the appeal of Amprite Electric vs. Tennessee Stadium Group as an "amicus curiae," or "friend of the court."
The original case concerns a construction subcontractor that was not paid for extra work because written change orders for the work were never signed. ASA hopes to convince the appeals court to uphold the trial court's ruling that the subcontractor ought to be paid.
ASA's Subcontractors Legal Defense Fund is funding ASA's involvement in the appeal, in hopes that a victory for the subcontractor will add to the legal arguments supporting subcontractors across the country seeking payment for extra work.
ASA said it believes that the Amprite case may have far-reaching implications for payment practices. The trial court used novel legal theories supporting the argument that, under Tennessee law, the contractual requirement for a written change order was waived.
ASA's motion to intervene stated, in part, that change order provisions often "have been used by general contractors to deny or delay payment to subcontractors who do the work but, in the interest of teamwork and job progress, do not obtain written change orders before doing the work."