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Construction Law Authority / Posts tagged "contractor"

Pay Attention to the Solicitation Requirements for the Bidding Entity

December 23, 2014
William J. Cea
Bid Protest, Procurement

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...

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Build the U.S. Wants to Help get America Back to Work

September 24, 2012
Claramargaret H. Groover
Contracts

 Recent cooperative efforts to get the economy rolling through individual purchasing power include the Build the U. S. movement. Build the U. S. is a grassroots organization made up of manufacturers, contractors, architects, interior designers, and home buyers committed to buying and selling materials made in the USA for use in construction projects - public and private, commercial and residential. Born primarily from the desire to contribute in large ways and small to getting America back to work, Build the U.S. also brings American-made building materials back into vogue after the hard lessons learned by homeowners, homebuilders, product distributors, and manufacturers from the Chinese drywall debacle and other such consumer-products fiascos.This movement appeals to individuals who want to focus their consumer spending in a way that also helps others. Since consumer spending makes up seventy percent (70%) of our economy and since the purchase of American-made products promotes the...

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Why Should the Condominium Association Require Bonds from the Renovation Contractor

May 8, 2012
Claramargaret H. Groover
Insurance

               We often encounter Condominium Associations who have difficulty understanding why they should bond their exterior renovation contract.   Many Associations consider it money wasted on another layer of liability protection when they would rather spend the money on actual scope – sticks, bricks, and finishes. They do not expect the surety to pay the claims even if they are made against the Contractor’s Performance and Payment Bonds.  Association Boards often ask, “Isn’t the risk already covered by all the insurance required from the Contractor?” The short answer is, “No”, and here’s why.             A performance bond, unlike insurance, assures the Association that the Contractor, or its Surety, will complete the project even if the contractor goes bankrupt or cannot competently perform to complete the contract. In addition, sometimes a Surety can be required to pay Association claims for work not properly performed even after occupancy. See, Federal Ins. Co. v. The Southwest Florida Retirement Center, Inc.,...

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The False Claims Act – Did You Know?

August 9, 2011
webmaster
Legislation

Did you know that the False Claims Act, see, 31 USC §§ 3729-3733 is a federal law that allows individuals who are not affiliated with the government to file lawsuits against federal contractors who are believed to have committed fraud in submitting claims to our government? This is also commonly referred to as "whistle blowing."...

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Construction Contracting for the Owner: The Owner – Contractor Relationship

April 17, 2011
Sanjay Kurian
Contracts

   In choosing a Contractor, often the Owner chooses a Contractor through a bidding process. Sometimes the Owner engages a Contractor on their own.  However the Contractor is contracted it is important to spell out the details of the terms. Courts will not protect an Owner from a bad deal that the Owner has voluntarily entered. This means that those multimillion dollar one page contracts floating around (I have seen a number of them over the years) will be enforced by a court if the Owner does not live up to the terms, no matter how one sided. In the bidding process, the Owner, with the help of the Design Professional, sends out a bid packet to various contractors and invites them to bid on the project.  The Owner and Design Professional then evaluate the bids and review the responsiveness of the bid, the responsibleness of the bids (is the bidder lowballing now in hopes of issuing...

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