Pre-Contract Documents

Much information is conveyed prior to the award, much less the execution of a contract. This information may or may not be binding upon the contract once written--there is much in the way of legal argument that has contested about the validity of pre-contract information. Regardless of the validity, this information always leads up to the development and execution of a contract, and therefore it is very important that the messaging is clear, concise and correct.

Requests for Proposals (RFP)

Selecting competent, experienced and reputable suppliers for goods and services is key to the success of any construction project. Soliciting proposals from qualified bidders means providing them with complete details about all aspects of the project. A clear and detailed RFP is the foundation for completing a successful project. A Request For Proposal (RFP) is a document used to invite prospective contractors or suppliers to offer a bid for a construction project. Simply put, an RFP should describe all of the details about the project and how bidders should respond. The larger the job, the more complex the RFP.

Instructions to Bidders

Instructions to Bidders provide detailed instructions for preparing and submitting construction bids and an outline of the required components. They may also be referred to as Conditions of Bid or Information for Bidders.

Instructions to Bidders documents include:

directions for completing the bid form;
how many copies are needed;
how bids are to be sealed addressed and delivered;
how bids can be withdrawn or modified;
how the contract will be awarded; and,
how discrepancies in contract documents will be resolved.

They may also include requirements for information on financial status, subcontractor and substitutions and how they are to be submitted.

Addenda

Addenda (Latin for “that which must be added”) are additional information or documentation that supplement the material in the primary document to which they are attached. They are often used to make changes or add specific details after the original document has been executed. Addenda are written or visual materials meant to clarify, revise, add to or delete information from original bidding documents or previous addends. Each addendum is numbered as it is added to the previously prepared set of bidding documents during the bidding period. Then, the addendum becomes part of the official Contract Documents.

Requests for Information (RFI)

A Request For Information (RFI) is a document used by a contractor or sub-contractor when clarification of a question or concern about the construction documents is needed. Typically, RFIs are submitted by a contractor to the architect or engineer and can be submitted at any time during the construction project (in both the bidding phase or construction phase). Construction documents contain a substantial amount of information and it is almost inevitable that questions will arise about gaps or ambiguities in the construction documents. The goal of the RFI is to provide a tool for resolving questions or conflicts during the bidding process or early in the construction process so that later corrective measures will not be required and add to the cost of construction. Note: RFI is listed in both the Pre- and Post-Contract sections.

Original Contract and Conditions of Contract

All projects have a pre-construction phase; after all, the groundwork for a project is always laid, sometimes for fifteen minutes before work starts, or over several years getting to a project start. So what is common to both these scenarios?

Communication. Communication. Oh, and communication!

This communication can take a variety of forms: meetings, idea development sessions (charette’s), site inspections, sketches and drawings, phone calls, negotiations, and so on. In other words, that messaging necessary to bring a project’s contract to be signed and commenced embraces pre-construction/pre-contract communication. And the single most important objective of this messaging: to establish mutual expectations for time/cost/quality and management. For example, a proposal that outlines a scope of work, a cost and a schedule, appropriately detailed, would constitute pre-contract communication. Drawings, at whatever level of detail, define the scope and the sense of quality expected. A phone conversation that starts with “I have a project . . .” constitutes critical messaging about the project.

Though much pre-contract communication is technically not legally binding unless incorporated into a contract, the communication of expectations not inherently contained within the legal jargon of a contract is nevertheless important, and may be cited if you ever went to court. If your prospective client pulls you aside as says “I need the project to ____ (be/do/look/function/fill-in-blank) . . .” you would do well to listen well, capture that expectation and deliver on it using thorough, clear and concise communication tools.

MORE on Original Contract and Conditions of Contract

Drawings

A picture is worth a thousand words--imagine trying to write the detailed instructions needed for laying out the floor plan!

Drawings are the most efficient means of communicating the objectives of a project, the

how,
what,
and where elements are to be placed.

Everything depends on the drawings, whether it is the proverbial "cocktail napkin sketch," richly rendered drawings of a proposed design, detailed construction documents, or a virtual model, the drawings communicate in ways words cannot! Likewise, the quality of the graphics and images incorporated into a written document, such as a proposal, will influence the reader, regardless of the rich written content. Sloppy or poorly created graphics have a direct reflection on who prepared them and the presenter.