bid shopping Archive

In an era of volatile material costs, it is important for contractors to implement strategies to minimize their risk. While some contracts provide relief for excessive cost increases for fuel, steel, or other discrete items, contractors generally assume the risk of cost increases and other unpredictable developments post-bid. The first risk that contractors can minimize […]

The COVID pandemic disrupted production and supply distribution chains. Pent up demand is increasing the need for construction materials, and prices are rising dramatically. And some materials have been rationed or allocated on a limited basis. All of these factors have increased the uncertainties and risks for bidders, and those seeking to rely upon those […]

“Bid shopping” occurs when a general contractor discloses the bid price of one subcontractor (or suppliers) to its competitors in an attempt to obtain a lower bid than the one on which the general contractor based its bid to the owner. Put another way, bid shopping occurs when a general contractor uses the lowest bid […]

The State and its political subdivisions have moved to a more subjective “best value” selection process, which has altered the traditional bid process in Ohio. This evolution has created interesting issues concerning when, and what part of, a bid solicitation becomes a public record available to competitors. O.R.C. §9.28 provides that bid materials do not […]

Practice chair Don Gregory was invited to speak at the Ohio Prosecuting Attorneys Association’s annual meeting on the topic of competitive bidding for public contracts in the construction industry. Don covered the requirements (and exceptions) that are critical for public entities to consider when opening projects for bid, including criteria for (1) advertising requirements, (2) […]