VOLUME 1   ISSUE 25   OCTOBER 22, 2012


By Bruce Jervis


Bid responsiveness relates to a bidder’s commitment to perform the work in accordance with the contract documents, without deviation or exception. Bidder responsibility relates to a bidder’s ability -- financial, technical and otherwise -- to perform the work.


Bid responsiveness is determined at the time of bid opening. Generally, a nonresponsive bid cannot be corrected or supplemented; it must be rejected. Bidder responsibility can be established after bid opening and prior to contract award. ... Read more.


Featured in this Week’s Construction Claims Advisor:

  • Missing Certification Indicated Noncompliant Bid
  • Early Payment of Retainage Did Not Discharge Bonding Company
  • Lien Upheld Despite Questions of Subcontractor Licensing


By Steve Rizer


There are several steps that subcontractors should take if they want to maintain their rights to file delay claims, Navigant Construction Forum Executive Director James Zack said during a webinar that WPL Publishing held earlier this month. Zack and Navigant Consulting Inc. Associate Director Thomas Peters offered their advice on subcontractor delay claims to a target audience of subcontractors, contractors, public and private owners, construction managers, consultants, architects, engineers, and construction law attorneys.


Subcontractors seeking to maintain their rights to file delay claims “need to perform adequate pre-bid site investigations, carefully review subcontract and flowed-down prime contract documents, [and] negotiate away or modify the no-damages-for-delay and the pay-when-paid or pay-if-paid clauses,” Zack said. “They need to learn their rights and obligations, and they need to avoid unbalancing the bids so that they can just stay away from that argument.” ... Read more.


By Steve Rizer


Could the number of benchmarked buildings skyrocket across the United States in the not-too-distant future? With a plethora of new evidence suggesting that major energy, environmental, and monetary benefits are obtainable through the relatively new practice, perhaps.


Earlier this month, the U.S. Environmental Protection Agency unveiled what is believed to be the largest U.S. building energy benchmarking data analysis to date, having examined more than 35,000 buildings that from 2008 through 2011 consistently used the Energy Star Portfolio Manager measurement tool. These buildings achieved an average savings in energy of about 7 percent over the study period, with the initial lowest-performing buildings making the greatest improvements. ... Read more.





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