bidding Archive

Government Smart Contracts: Another Opportunity Created by HB177

Currently, the Ohio House is debating HB177 [i], which will allow Ohio government at all levels to use distributed ledger technology or “blockchains.” Blockchain technology has been in the news of late, not only for its use in Bitcoin, but also due to some controversial concerns raised by privacy advocates in Europe [ii] and elsewhere […]

When Does a Bid Proposal Become a Public Record?

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 […]

Ten Things to Remember During a Time of Growth

The construction industry is blessed with solid growth but challenged by a labor shortage. Those who remember these simple principles will do well. 1. Now is the time to demand Fair Contract language and secure it. If not now, when? It is much easier in good times to insist upon equitable contract terms. 2. Condition […]

State Contract Requires CMs Assume Uninsurable Risk?

The OFCC prepares form contract documents that are utilized on the State of Ohio projects that it administers. Recent changes to the CM-at-risk contract with respect to insurance are giving heartburn to the construction industry that bids that work. Section 10.6 now requires the CM to defend the OFCC with counsel specifically approved by the […]

General Contractors + Construction Managers Face OFCC’s Rejection of Subcontractors without Additional Compensation

General Contractors and Construction Managers that do work with the OFCC should be aware of the OFCC’s purported right to reject certain subcontractors without having to pay for the additional costs that usually come with going to the next subcontractor. Recently the OFCC has invoked such a right and refused to pay the additional cost […]