Subcontractors believe they should have the same rights, not only for themselves, but for all parties in construction agreements, in all contracts both public and private.
Supporters of HB-1407 are currently working to negotiate a compromise with a conflicting bill, Senate Bill 118 sponsored by Sen. Ron May that already passed the Senate.
According to CCRC chair Theresa Wernimont, her group's most significant disagreement with SB-218 is that it holds general contractors harmless when selecting, hiring, engaging, contracting or supervising the people or companies engaged in a contract.
"The way SB-218 is written, contractors are not responsible for supervising the people or companies they hire on construction projects," Wernimont says. "If that's true, what is their purpose if not to lead and supervise? Subcontractors believe HB-1407 is fair to everyone. It does not include safe harbor clauses that allow special treatment under the law for any group. Contractors and subcontractors alike must accept responsibility for their work and are not allowed to transfer their risk elsewhere."
While the Reform Coalition is eager to find a way to merge the two bills, the leeway for compromise is limited. "This is a fairness issue," Briggs says. "Subcontractors are asking for fair and equitable treatment and the right to assume only the risk they incur, not the risk of others. Therefore, we need to meet that minimum requirement or we will be back again next year."
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