Last week, contractors and subcontractors bidding on Tennessee Department of Transportation projects received an alert from Brian Egan, TDOT Director of Construction, warning of a noticeable increase in unbalance bids [pdf]. While the rules differ among each state, you should take Egan’s warning to heart since the consequence of submitting of an unbalanced bid can
August 2011
What Happens When Parties Are “Unclear” in Their Construction Contracts?
Last week I wrote a post about what is considered timely acceptance of a subcontractor’s quote. My friend and former colleague, Brian Waagner, submitted a comment to that post, focusing on the importance of a written contract. Brian also blogs at The Contractor’s Perspective. Brian’s comments are on-point, so I have included…
Healthcare Is Fastest Growing Market for Prefabrication and Modular Construction
Timing is everything! As I was preparing for a LEED for Healthcare presentation this week, one of my partners sent me a piece about the innovative use of "pods" to cut building costs. The article by Mike Boyer focused on a team of two plumbing and mechanical contracting firms who want to transform how…
What is Considered “Timely Acceptance” of a Subcontractor’s Quote?
If a subcontractor’s quote does not contain a deadline by which it must be accepted, how late can the contractor accept the quote to be valid? And when there is a dispute, who has the burden of proving that the contractor accepted the quote in a timely manner?

The court addressed these issues in Piland …
Facility Management + Innovation – Inefficiencies = Healthcare Environment Optimization
Last fall, I attended the Mobile Healthcare Technology Summit sponsored by Smith Seckman Reid, Inc. My post about the summit included five construction and design lessons when dealing with either new construction or renovations of existing health care facilities. Technology and innovation continue to improve in the arena of health care construction. Two weeks…
How Do Courts Treat Unbalanced Bids in Public Contracts?
It’s a story you have heard many times: There is an invitation for bids. There are numerous bidders … more than usual. The lowest two or three bids simply don’t make mathematical sense. On paper, it must be an unbalanced bid or an unreasonably low offer. What can you do?
Although a few…