Construction Bid Protests
In the construction field, many parties attempt to bid on projects. A construction bid is a proposal from a construction company or professional to manage or undertake a construction project (or a subsection of a construction project). Multiple bids can be submitted. Typically, construction companies/professionals are provided with a blueprint of the construction project. This may include the designer sketch or the general plans for a piece of property. Based upon the information presented, construction companies/professionals may leverage and align their skills, qualifications and experiences with the duties required to complete the construction task effectively. The company/professional with the best bid may be selected. However, lower tier bidders (usually companies who are assigned to a portion of the project) may also be selected. If a bidder believes that an incorrect determination has been made, a bid protest may be filed.
Understanding Bid Protests
In construction law, protesting a bid is a legal procedure that allows a bidder to appeal his/rejection and/or protest the bid award to another bidder. In other words, bidders attempt to appeal their rejection through legal procedures. In the construction field, bid protests have many benefits. Some of these include:
- Ensuring that public buildings are safely and soundly
- Preventing public funds from being misused, mismanaged or wasted
- Maintaining a fair construction bidding process in which all construction companies/professionals are able to actively participate under ethical conditions
- Stimulating healthy and productive competition among construction companies/professionals to assist the economy
- Eliminating fraud, favoritism, corruption, abuse of privacy and other forms of unethical behavior when awarding bids
Bid protests play a significant role in our society. They are not just a part of the construction industry, but they may have serious effects on common citizens. Consider, for example, the lasting implications of a construction project that is awarded to a bidder who is not as qualified or experienced in a certain area. This construction project, perhaps a building, may not be built in a proper manner. Poor leadership and oversight may contribute to construction defects. Construction defects may cause catastrophic injuries and fatalities among everyday people. A construction defect attorney can help you prove this.
Governmental Bid Protests
Further, bid protests are also necessary when governmental contracts are not awarded fairly. Just as parties involved in the construction field are required to adhere to high standards of care, governments must also act ethically and soundly when awarding (or rejecting) bidders. A Gainesville attorney can help you navigate the governmental sector when you believe that a bid was awarded in error or misjudgement.
Legal Representation Is Necessary
Whether it be against a construction project or a governing agency, it is best to contact a construction law attorney for assistance with bid protests. Here’s what expert legal representation can provide you:
- Understanding of contracts, including complex legal jargon and confusing numerical data/percentages
- Thorough investigation of the case
- Inclusive insight into the background of other bidders
- Evidence, testimonial support and convincing data to support your work and accomplishments within the construction field
- Consistent support and guidance throughout the process
- Aggressive advocacy and negotiation on your behalf
If you wish to file a bid protest, contact a construction law attorney as soon as possible. In efforts to challenge a bid, you must prove that you are more qualified than the bidder that was awarded. Past lawsuits and/or constructions failures/defects of the other bidder may, for example, benefit your claim by demonstrating that the other bidder is ill-equipped to handle the project. Hence, the aforementioned investigation and insight into the other bidder’s experiences are necessary to prove your claim.
Bid Protest Attorneys in Gainesville, FL
At Warner, Sechrest & Butts, our experienced bid protest and construction law attorneys in Gainesville, FL, can help you determine if a bid protest is the appropriate action for you after being presented with its risks (i.e. poor reputation among the construction field, costly and timely negotiations etc.) and advantages (greater networks and experiences). For assistance with challenging a bid, or even defending a bid, contact our firm today.