Issue 6-09 - EDITOR'S NOTES
publication date: Mar 3, 2008
Like contracts, bid proposals are subject to opinions and interpretations. In this week’s first case, a low bidder was deemed nonresponsive after the public owner found that the bidder did not submit all of the forms required in the bid documents. Instead, the bidder substituted the proffered corporate resolution form with its own standard form. Because state law and a precedent case determined that even "informalities" such as this could not be waived, the bidder’s protest was denied.
Differing document interpretations are also at the heart of the next two cases. By altering the contract’s standard arbitration clause, the parties opened themselves up for a legal dispute when the project ran into trouble. And, a subcontract that incorporated certain clauses from the prime contract created problems on a fixed-price contract when differing site conditions arose.
Finally, Dr. William Ibbs concludes this issue with a review of the statistics associated with cumulative impact—how change can impact a project—as well as how the elements and project players factor into that impact. His insights regarding change and labor productivity are particularly revealing, plus his own independent statistics lend support to the controversial Leonard study.
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