bidding Archive

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 […]

What are the Chances My Public Project Will Complete on Time?

Contractors bidding public work in Ohio are encouraged to bid what is represented in the bid documents, including any milestones, completion dates or default “bid schedule.” As Ben Franklin was quoted as saying: “Time is Money.” That adage is particularly true on construction projects. Rare is the job that stays profitable if it is delayed […]