VOLUME Construction Advisor Today   ISSUE 102   APRIL 08, 2011


The advent, and now prevalence, of electronic commerce has created a number of legal issues regarding contract formation, binding documentation and terms of agreement. Virtually every enterprise has been affected. Public procurement is no exception. Government at the federal, state and local level has moved to electronic procurement. It raises some interesting questions.

A recent decision in the Court of Federal Claims is an example. When a solicitation called for electronic submission of proposals, at what point in time was the proposal “received?” Was it the arrival at the agency’s e-mail server or the arrival in the procurement officer’s e-mail inbox? If the proposal arrived with the server on time, but was not transmitted to the designated procurement officer until after the deadline, was the proposal timely? After all, the designated recipient had no access to the proposal, and did not even know of its existence, until it hit the e-mail inbox.

What issues have you seen arising out of electronic procurement? What is your opinion of the efficacy and fairness of the systems you have dealt with? I invite your comments.

Featured in Next Week’s Construction Claims Advisor:

  • Supplier Bound by Purchase Order Specifications
  • Settlement Agreement Introduced in Response to "Pay-When-Paid" Defense
  • Arbitration Rendered Voluntary by Word "May"


The American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) has published a new guideline for “achieving good indoor environments by considering the interactions of air quality and thermal conditions as well as lighting and acoustics.” The guideline is considered especially important in the design of low-energy buildings to ensure full consideration of indoor environmental quality and its effects on occupants.


The open period for National BIM (Building Information Modeling) Standard – United States (NBIMS-US) ballot submissions soon will close, and the National Institute of Building Sciences’(NIBS) buildingSMART alliance (bSa) is urging “all members of the industry” to participate in the process to develop NBIMS-US Version 2. The alliance is accepting ballot submissions to update current sections of the standard and to expand it to cover the latest technologies. The open period runs through May 2.





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