By Bruce Jervis
The rule requiring pre-bid clarification of obviously ambiguous documents is founded in fairness and common sense. If a bidder is aware, or should be aware, of a mistake, contradiction or omission in the drawings and specifications, the bidder should not be allowed to financially exploit the error. The bidder must call the matter to the attention of the project owner prior to bid submittal. If the bidder fails to do so, it will not be allowed to recover extra performance costs necessitated by the owner’s interpretation of the design documents.
Problems arise, however, when it is a close call as to whether an ambiguity is patent – or obvious – as opposed to latent – or subtle. Bidders are not expected to be design experts. After all, it was the project owner that commissioned the design. ... Read more.
Featured in this Week’s Construction Claims Advisor:
- Contractor Failed to Seek Pre-Bid Clarification of Ambiguous Design Docs
- Lien Bonded Off – Surety Liable for Construction Contract Interest
- Federal Regulations Address Unbalanced Bidding
By Steve Rizer
A substantial chunk of the increase in funding that President Obama has requested for the U.S. Department of Energy’s (DOE) Building Technologies Program (BTP) would go toward non-vapor compression technologies -- technologies that DOE believes could someday “provide up to 50 percent reductions in energy consumption.”
The fiscal 2015 federal budget that Obama proposed last week would fund BTP at $211.7 million, $33.832 million above the FY’14 enacted level for the program. More than two-thirds of that increase ($23.138 million) would be set aside for the “Emerging Technologies” subprogram within BTP, according to ConstructionPro Week’s analysis of the budget request. Increased funding for that subprogram would, in DOE’s words, “focus on non-vapor compression technologies capable of being used in heating, ventilating, and air-conditioning applications” via the Future of Air Conditioning Technologies activity. ... Read more.
By Steve Rizer
Leica Geosystems General Manager Craig Martin, who last week helped lead a discussion about automated GPS machine control systems for construction projects at the CONEXPO-CON/AGC conference in Las Vegas, has some important advice for contractors: evaluate all of the pros and cons before trying to make older equipment work with new equipment.
“We know that as the markets start to recover, many customers want to still get some use out of their older equipment and at the same time start to add some new equipment to their fleets,” Martin told ConstructionPro Week after participating in “Automated Grade Control GPS,” one of the conference sessions featuring a roundtable discussion. “However, problems can occur when you try to make some equipment that is too old work with newer equipment. Even if you can ‘make it work,’ it can be counter-productive if the technology is too old to keep up with the new technology.” ... Read more.