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07AC - Bid Theory

09 May 2014 2:00 PM - 5:30 PM

3 ConEd Learning Hours


Michael R. Swartz, Partner,WeirFoulds LLP 

Course Outline

This session will review the legal framework in which construction bidding – and other forms of procurement – are carried on. This session will also review a set of Instructions to Bidders in an effort to demonstrate how theory and practice merge. The rationale for various clauses in the Instructions to Bidders will be explained.

Part 1: Introducing Contract A: “The Bidding Contract”

Bid Theory/Development of the Bidding Contract

  • Glossary of Terms
  • What’s a Contract?
  • Old Fashioned Bidding
  • The “Big Bang”: The Birth of Contract A
  • Contract A for Owners/Contractors
  • The Architect’s Responsibilities
  • Broader Public Sector Bidding/Procurement

Part 2: Instructions to Bidders/Building the Bidding Contract

  • How to Approach Bid Documents
  • Contract A: or not?
  • Sample Instructions to Bidders
  • Review of clauses
  • Some troublesome issues
  • Broader Public Sector requirements