All of us at the Northern California Chapter, NECA are deeply saddened by the death of Hayward Police Sgt. Scott Paul Lunger, on July 22, 2015. Sgt. Lunger was 48.   

Before joining the Hayward Police Department in 2001, Scott was a graduate of the Local Union 595 apprenticeship, having worked his way up to General Foreman. He is the brother of Mike and Shey Lunger of Lunger Electric, Inc., a Northern California Chapter, NECA member. He is survived by several family members, among who include his daughters, Ashton and Saralyn, and father Paul, also a former Local Union 595 electrician.

Services for Sgt. Lunger were held on Thursday, July 30, 2015, at Oracle Arena in Oakland, where thousands including family members, colleagues, dignitaries, friends and community members, remembered him. Sgt. Lunger was described as dedicated, driven and an eager officer with a "warrior" spirit who led people in all areas of his life to do their best.

We extend our deepest sympathies, thoughts and prayers to the entire Lunger family.

Today more than ever, subcontractors have to be on guard to protect themselves from large construction managers and general contractors who seek to push as many possible problems caused by owners they work for, the owners' design professionals and other subcontractors on to finish trade subcontractors.

For electrical subcontractors, the question is not if they will be directed to increase their scope of work without compensation and time, or work in a compressed and accelerated fashion. The question is when this will occur and whether the subcontractors will be prepared to protect themselves. Large construction managers and general contractors ("CMs" and "GCs") customarily push subcontractors who have already reduced their profit margins in their bids to get the contract and then signed a contract drafted by counsel for the CMs and GCs which is inherently one-sided against the subcontractor. Armed with this leverage, large CMs and GCs feel empowered to try and push all scope work issues and time delays on the last group of subcontractors on the project.

How do subcontractors protect themselves from being pressured to finance additional work and impacted conditions?

1. Do a better job negotiating their subcontracts by addressing "what-ifs" relating to delays by others, financing acceleration caused by others and pricing change orders at impact rates if total change orders exceed 15%.
2. Do a better job documenting impacts from others in emails, letters and corrections to meeting minutes.
3. Do a better job preserving their rights on change order forms and partial release of lien forms by excluding out claims for delay, disruption and inefficiency previously addressed in writing and asking for time extensions whenever possible.
4. Work with experienced construction counsel and, if experiencing inefficiency and loss of productivity experienced claims consultants. 

Don't let CMs and GCs allow your profits to finance other parties' problems on the job. Be proactive! (Article submitted by Roy Cohen, Cohen Seglias Pallas Greenhall & Furman PC)