Volume 6 - Number 31 | August 4, 2008 - Construction Claims Advisor

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You are here: Home » Volume 6 - Number 31 | August 4, 2008

Volume 6 - Number 31 | August 4, 2008

EDITOR'S NOTES | Issue 6-31: "No one loves the messenger who brings bad news," wrote Theban playwright Sophocles in his tragedy Antigone. Shakespeare echoed the sentiment nearly 2,000 years later: "Don’t shoot the messenger!" he wrote, in Henry IV and Anthony and Cleopatra. Though blaming the messenger may be convenient, it is usually a misplaced knee-jerk reaction. On an Army Corps of Engineers project, the contracting specialist initially placed blame on the mailroom for late delivery of a bid package. The package arrived shortly after the 2 p.m. bid opening deadline. However, further investigation proved that the bidder failed to follow instructions, thus hindering a timely delivery. The lessons learned here are: 1) Follow instructions; and 2) Don’t wait until the last minute to submit a bid.

Also this week, non-specific and vague contract verbiage spell out trouble for contract specifications. The ASBCA rendered its definition of "typical" and when it can apply to a specification. And, a painting contractor learns that before signing a contract for a limited partnership, it should do a little homework to find out the specific players involved, especially if the partnership is in financial trouble.

LATE DELIVERY OF BID ATTRIBUTED TO BIDDER RATHER THAN AGENCY: Waiting until the last minute to submit a bid increases the chance of error. An addressing error causes a low bidder to lose the contract award.

“TYPICAL” DRAWING NOTE APPLIED ONLY UNDER IDENTICAL CONDITIONS: The ASBCA is called in to interpret confusing contract wording regarding a “typical” drawing specification.

CONTRACTOR COULD NOT RECOVER PAYMENT FROM PROPERTY MANAGER: A painting contractor is left high and dry when the project owners go belly up. The property manager who signed the contract on behalf of the owners is not liable for payment.