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Pay Attention to the Solicitation Requirements for the Bidding Entity

December 23, 2014

When submitting a bid to perform public work, pay attention to the solicitation requirements for the bidding entity. Must the bidding entity possess a particular license? Can any of the work be subcontracted? Do subcontractors have to be listed in the bid? These are all important questions that should be evaluated well in advance of bid submission. Failure to adhere to these requirements may result in disqualification. Similarly, bidders oftentimes rely on the qualifications of parent or affiliated companies to fulfill experience components of a solicitation. Here too, bidders should carefully review whether such reliance will be considered responsive or if the bidding entity itself must directly possess all of the requisite experience. For example, Florida Statutes defines “Responsive bid,” “responsive proposal,” or “responsive reply” to mean a bid, or proposal, or reply submitted by a responsive and responsible vendor which conforms in all material respects to the solicitation. What if the...

contractor, Public Bidding, Responsive bid, solicitation

What law applies to your Construction Contract – Simple or Not?

September 23, 2014

webmaster

Contracts, Litigation

You have a construction contract for work to be done on a project in Florida. Although hoping that all goes well, it’s your belief that if any legal issues arise, Florida law would apply. That may be correct, since Florida law would generally apply to issues concerning the performance of such a contract. However, that may not be correct. What if your construction contract has a choice of law provision that specifies the law of a state other than Florida applies? That will likely require a further analysis regarding issues that could include but are not necessarily limited to what legal, equitable, contractual, and tort-type matters are at issue, are those matters encompassed within the particular choice of law provision, are there procedural and substantive issues to be considered, will the enforcement of the choice of law provision violate Florida public policy, what do Florida’s choice of law rules indicate will...

Concrete Repairs – Some Matters to Consider

August 13, 2014

webmaster

Article, Contracts

Concrete generally consists of three components: (a) water, (b) an aggregate material such as sand, gravel, or stone, and (c) cement. In condominiums, concrete is often used in the formation of the shell of the building, with further support and strength being provided by reinforcing steel located within a condominium’s concrete slabs, balconies, and columns. Over time, exposure to atmospheric conditions, including but not limited to, items such as chloride ions or carbon dioxide (through a process known as carbonation), may cause or contribute to the corrosion of reinforcing steel located within concrete. Other factors may also contribute to this corrosion process. When this reinforcing steel corrodes rust can form, with a resultant volume that is greater than the volume of the original reinforcing steel. Rust can also adversely affect the bonding between the reinforcing steel and the surrounding concrete, with the potential for cracking, spalling, rupturing, and delamination of...

Bid Alert: Review The Contract Terms

June 25, 2014

William J. Cea

Bid Protest, Public Construction

If you intend to provide a service to a public agency, be sure to consider the impact of long term contractual issues on the cost and profitibility when preparing the proposal. The agency’s contractual requirements are typically incorporated into the solitication. If they are not, you may have to inquire as to what they will include prior to submitting a proposal. It is imperative to know whether performance of the contract is doable and sustainable. For example, are there upfront costs that will be incurred? What if the contract has a termination for convenience clause? Will you lose your investment? Are there insurance and bonding requirements? How much will these items cost? Is there a mechanism to seek price adjustments in the event your costs increase? If so, what is the likelihood that the agency will actually approve cost increases over the lifetime of the contract? These are the types of questions...

bid protest, Contracts, proposal, Public Construction

Bid Protests Under Chapter 120: Watch the Clock

May 12, 2014

William J. Cea

Bid Protest, Procurement, Public Construction

If you want to challenge the terms of a solicitation or intended award decision and Chapter 120, Florida Statutes applies, then watch the clock. Chapter 120, which is referred to as the Administrative Procedure Act, generally applies to state agencies and departments. Local governments, including counties and cities, typically have their own codes and policies regarding bid protests. Where Chapter 120 applies, there are strict deadlines that must be adhered to. Section 120.57(3), Florida Statutes, in pertinent part, states: “Any person who is adversely affected by the agency decision or intended decision shall file with the agency a notice of protest in writing within 72 hours after the posting of the notice of decision or intended decision. With respect to a protest of the terms, conditions, and specifications contained in a solicitation, including any provisions governing the methods for ranking bids, proposals, or replies, awarding contracts, reserving rights of further negotiation, or...

bid protest, chapter 120, florida statutes

AIA Releases Top Ten Green Buildings of 2014

April 29, 2014

Mark J. Stempler

Green Building

Solar roof panels and low-flow toilets are so last season. Now there's more graywater recycling, net-zero or net-positive energy systems, ground source heat pump systems, and variable-refrigerant flow heating and cooling systems. These features are featured in the American Institute of Architects' (AIA) Committee on the Environment's annual Top Ten Awards. The awards celebrate projects that are innovative and integrate built and natural systems and enhance both the design quality and environmental performance of the built environment. This year's winners range from renovated historic buildings to educational facilities and even includes a very cool "sustainability treehouse" in West Virginia (here's the photo). Check out the awardees at http://www.aiatopten.org/....

Public Contracting: When Can I Be Heard?

March 17, 2014

William J. Cea

Procurement, Public Construction

Bidders may have an opportunity to be heard during evaluation committee meetings or in conjunction with other proceedings during a competitive solicitation process. Members of the public also have the right to a reasonable opportunity to be heard in accordance with a recently enacted Florida Statute, Section 286.0114. Section 286.0114 went into effect on October 1, 2013, and provides that members of the public have a right to be heard on a proposition before a Florida “board or commission” takes official action. The opportunity to be heard does not need to occur at the same meeting that the official action takes place, so long as it occurs during the decision making process and is within reasonable proximity in time before the official action is taken. The board or commission may, however, adopt rules or policies, including limitations on the amount of time that an individual may speak and the number of...

Florida, public bid, right to be heard

The Anatomy of a Water Leak

March 13, 2014

Ryan Carpenter

Construction Defects, Insurance

For those of us who live or work in a condominium, it is easy to lose sight of all of the infrastructure that operates behind the scenes to make a condominium a home. When that infrastructure fails, it can be inconvenient, or it can easily be disastrous in the case of a water leak. While the damage from a water leak can be immense, there are ways to avoid or at least reduce the impact from them, if you are proactive before and after they occur, and know your rights and responsibilities. Taking steps like establishing inspection, maintenance and replacement schedules, and installing water leak detection systems, air conditioner pan alarms and remote sensors wired to master valve shut-offs can prevent problems from becoming a disaster. In the event of a water leak, condominium associations should take advantage of their right to access units to protect common elements and other units,...

common elements, condominium, inspections, Insurance, maintenance, mold, water leak

Cutting-Edge Tools Can Save Owner Headaches…And Money

February 5, 2014

webmaster

Article, Construction Defects

Construction lawyers throughout the country have long preached the importance of proper construction documentation to owners and developers alike. Comprehensive documentation of a project is essential to protect owners; especially in the quick-build environment we are experiencing now. Fortunately, there are several companies providing powerful tools that are invaluable to the mitigation of claims and overall protection of the owner and/or developer. One example is Multivista, a leader in photographic construction documentation. Multivista offers state-of-the-art construction photography and video documentation. Their products include interactive visual as-built documentation, construction webcams, and inspection-grade photos of the project. Other core competencies include “Facility Management Information,” which is the process of converting documentation manuals and warranty information into an indexed, integrated system that is accessible via computer. Put more simply, imagine if a building manager could scan building components such as doors and windows to immediately pull up installation and warranty information. The result is a...

3D, CAD, camera, model, video, virtual building

Green Construction Contract Concerns

February 5, 2014

Mark J. Stempler

Contracts, Green Building

Many contracts used in green building projects are not always ideal for green building projects. Often, contractors, design professionals, or owners will use their old standard construction contracts. But those forms might not take into account some of the nuances or issues that can arise on a sustainable project. For example, green building contracts should strive to be more specific about what the green goal is. Terms like "green building", "sustainable building" or "high-performing building" lack the specificity of what the goal is. Further, it is not enough for the owner to say it wants LEED platinum rating, or LEED certified, or Green Globe? There is a difference. Or, maybe the goal is to save money on electricity, or to reduce the amount of water consumed. Those should be specifically identified, so if the goal is not achieved, there will not be confusion as to what the goal was. Confusion often...

green contracts