By Bruce Jervis
Contractors frequently have complaints about the contract specifications. The specs are vague, contradictory, or unduly restrictive. Sometimes contractors request additional compensation for complying with the project owner’s interpretation of the specifications. The law, however, follows common sense. The time to question the specifications is before one commits to the contract.
On competitively bid public works contracts, the time to question the specifications is prior to submitting a binding bid. A contractor cannot remain silent, submit a bid, and then complain that the specifications are flawed. Unless the flaw is latent – so subtle that it could not be reasonably detected – the contractor must call the issue to the attention of the project owner. ... Read more.
Featured in this Week’s Construction Claims Advisor:
- Competing Bidder Could Not Sue for Misrepresentation
- Contractor Should Have Challenged Sole-Source Spec Prior to Bid Submittal
- Contractor Was Not Functioning Solely as Agent for Owner
By Steve Rizer
A contract might not require the use of a particular method for schedule delay analysis, but does that really mean any method can be used? This is an issue that Navigant Construction Forum Executive Director James Zack addressed during “Schedule Delay Analysis: Choosing a Method,” a 90-minute webinar that WPL Publishing hosted last week. “If the contract is silent on the issue, the analyst, obviously, is free to use any method at all, but there is a caution here that I’d offer you.” To read the advice he gave on this matter, click here.
By Steve Rizer
For mechanical and electrical contractors who are thinking about starting up their own prefabrication facilities, what advice should they heed in deciding whether or not to take such a step? In an interview with ConstructionPro Week, Ethan Cowles, FMI Corp. senior consultant and co-author of the company’s recently released “2013 Prefabrication and Modularization in Construction Survey Results” report, answered this question. Click here to read the advice he offered them.