Klauber & Klauber, LLP
Construction Law Newsletter
Bidding on Private Contracts
 
Private construction contracts can be awarded directly without resort to competitive bidding. However, some owners call for bids to aid them in their decision as to the best contractor for the particular job at the best price. Bidding on private contracts is less structured than bidding on a public contract. There is no statutorily prescribed bid process that must be followed in order for a bid to be accepted.More...
 
Bid Protests
 
Bidding for construction contracts is the primary method by which contractors submit competing offers to provide services or supplies on a public construction project. The rules and regulations adopted by governmental entities for the procurement of their contracts must be followed by all participants in the bidding process. When a contractor believes that the requisite rules or regulations have been abrogated by a fellow contractor, he will likely file a bid protest against any award of the contract to the fellow contractor.More...
 
Flow-Down Provision in Subcontractor Agreements
 
Subcontractor agreements commonly contain a "flow-down" provision, which states that those obligations and responsibilities that the general contractor owes to the owner pursuant to their construction contract are assumed by the subcontractor and owed to the general contractor. The purpose of the flow-down provision is to diminish the general contractor's risk of deficient or non-conforming work by the subcontractor.More...
 
GROWTH MANAGEMENT & THE CONSTRUCTION INDUSTRY
 
Although most local governments have relied on zoning laws and subdivision regulations to control the use and development of land by developers, some local governments have recently attempted to address the problem of managing growth in their communities. The local governments want to know when and where growth will occur and how they are to cope with the need for increased public facilities and services as a result of the growth.More...
 
Acceleration
 
In some instances, a construction project will be accelerated so that it is completed ahead of the established construction schedule or so that a project that is behind schedule can be brought current with the established construction schedule. "Acceleration" can either be actual or constructive. Oftentimes, construction contracts will include a provision that allows the owner or general contractor to accelerate the time for the parties' performance. In some instances, rather than purely allowing for acceleration, the contract language may authorize changes in the work to be performed that, necessarily, will shorten the time for performance; less work would naturally take less time to complete.More...
 
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