VOLUME 2   ISSUE 18   MAY 03, 2013


By Bruce Jervis


In the solicitation of bids for public contracts, it is common to require bidders to list their intended subcontractors for major components of the work, usually trade by trade. If the bid is accepted, the successful bidder -- now the prime contractor -- may not substitute for a listed subcontractor without the consent of the project owner. Sometimes, permissible grounds for substitution are stipulated in the solicitation.


Bid listing of subcontractors is frequently mandated by state or local procurement law. It may also simply be imposed by the project owner under the terms of the contract documents. Many owners believe it gives them greater project control and protects against “bid shopping” -- the practice of contract awardees shopping trade work around to the lowest bidder regardless of reputation or reliability. In theory, bid listing should protect subcontractors. In practice, many find it a one-way street. ... Read more.


Featured in this Week’s Construction Claims Advisor:

  • Government Did Not Guarantee Accuracy of Mandatory Price Book
  • Bid Listed Subcontractor Had No Recourse
  • Liens Subordinated Due to No Visible Improvements


By Steve Rizer


Construction subcontractors have a new tool for trying to secure payment assurances on projects financed by public-private partnerships (P3), but how successful will the tool prove to be? On one hand, the tool has the American Subcontractors Association Inc.’s (ASA) handiwork behind it; on the other hand, the tool’s success to a large extent will rely upon the support of state legislators, and although a quick Internet search of the success rate for state legislation across the United States turned up nothing, it should be noted that only about four percent of all bills at the federal level become law. But an ASA spokesperson informed ConstructionPro Week that several states already have enacted legislation to the organization’s liking on this front, and other states are considering similar measures. For the complete list, click here.


By Steve Rizer


There is some “exciting” news emerging that involves building information modeling (BIM) levels of development (LOD), Rebecca McWilliams, an architect with Donavan Hatem LLP, told professionals attending a webinar that WPL Publishing held last month.


One such development that McWilliams reported relates to new BIM documents from the American Institute of Architects (AIA) that are expected to build upon the organization’s E202 Building Information Modeling Protocol Exhibit. She revealed to webinar attendees that the documents are expected to be released at the next AIA Convention, which is scheduled to take place June 20-22 in Denver. ... Read more.





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