By Bruce Jervis
Sole-source or proprietary specifications are generally prohibited on public construction contracts. Private project owners are free to stipulate the precise product they want incorporated into their property. Public project owners are supposed to maintain open competition, specifying functional characteristics, not brand name or source of supply. But, public owners may also desire a particular product. What are they to do? In many cases, they write a disguised sole-source specification.
On a recent federal project, the contract specified an asphalt mix batched at a “local” source with at least five years of experience furnishing product to the federal facility in question. The contractor was entitled to propose its own mix design only if no such supplier existed. Not surprisingly, there was one qualified source. The contractor, which failed to protest the terms of the specification prior to bid submittal, was not allowed to propose an alternative source. ... Read more.
Featured in this Week’s Construction Claims Advisor:
- Supplier’s Notice Effective Prior to Delivery of All Materials
- Restrictive Specification Enforced Against Contractor
By Steve Rizer
For Associated Builders and Contractors (ABC) and its membership, the summer’s developments in construction law have brought forth mixed blessings. On the positive side for ABC, President Obama has signed into law a bill (H.R. 803) that is expected to help cut into the work-shortage problem across the industry. In addition, an appeals court has struck down an ordinance in Massachusetts requiring apprentice training programs. However, the group has expressed disappointment over a couple of other recent moves made within the Executive Branch. ... Read more.
By Paul Levin
Aerial photography is the obvious first reaction when you ask a contractor about the use of drones in construction. This is born out from the results of a short survey we conducted last week. Technology advances, ready access and low entry cost have made the photography aspect a practical reality; and the industry is finding other creative uses as well. However, users face major roadblocks from the Federal Aviation Administration (FAA). So the question is: Where are we headed with the use of drones in construction? When and how will we get there? Let's start with a review of our survey results. ... Read more.