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Construction Law Authority / Contracts (Page 4)

Construction Contracting for the Owner – Parties to a Construction Project

  This is part 1 of our series on Construction Contracting for the owner.  Once you have decided to begin a construction project, whether this project is a reroof, concrete restoration, painting, repaving or anything else, there are generally 3 main groups involved. The first of these groups is the owner. The owner is the person or entity on whose behalf the work is being done. The types of owners range from an individual, development entity, hotel, condominium association, homeowner's association or a governmental agency.  Although the owner may be using a bank to finance the construction, the owner is the party generally responsible for ensuring payment to the other 2 groups. The second group is generally the design professionals. This group consists of the engineer or architect hired by the owner to prepare any drawings or specifications for the work to be done.  In larger projects, the owner may contract with an Architect who then hires various subconsultants (geotechnical engineer, structural...

The ABCs of Bid Advertisements and Acronyms

Mark J. StemplerHave you ever responded to an ITB after being shortlisted in response to an RFQ?  If you are seeking a government contract and don’t know what any of this means, don’t worry, you are not alone.  Public agencies advertise their contracts and projects through a variety of methods and vehicles, which are usually referred to by acronyms.  While they seem confusing at first glance, once you become familiar with the terminology, you’ll be able to better respond to the advertised project.

An Invitation for Bid (“IFB”), or Invitation to Bid (“ITB”), is usually a set of specifications that have been decided on and defined by the advertising agency.  Price is usually the most important factor.  The bidder that’s has the lowest price usually wins the award.  However, the bidder also has to be responsive and responsible.  The bid is generally responsive if includes of the information sought in the ITB’s or IFB’s specifications.  A bid is considered responsible if it appears that the bidder has the ability to perform the contract.

Agencies usually use Request for Proposals (“RFP”) when they do not know what all the specifications or scope of work will be.  Proposers may be required to submit a plan describing how they plan to perform the project.  Price is generally still a factor, but there may be other factors like experience, capability, and management ability.  Like an ITB or IFB, agencies will evaluate whether the proposals are responsive and responsible.