Video

  • 9 minutes

Fixed Price and Antitrust Issues

 
There have been some heave duty legal issues that have developed in the area of fixed price contracting. What is the risk of bad conduct in fixed price – antitrust and kickbacks. Antitrust is a nice word for bid rigging, bid suppression, complementary bidding and bid rotation – all illegal. Public job or private job – it is all illegal. One of the ways to defeat bid rigging is to keep a constantly changing list of bidders. If you have enough bidders, that aren’t friends or sharing office space, you will get a real picture of the bidding and it makes it harder to fix the bid. Kickbacks is a problem more for the owner than for anyone else. Someone that tries to pay for the right to a contract, pay to play, is very common in fixed price contracting.

Our speaker, Carol A. Sigmond, discusses how to fight collusion and kickbacks through the contract. She provides sample anti-collusion anti-kickback clauses and reviews case law on bid rigging and collusion in action.

Carol A. Sigmond is a Partner in the New York office of Cohen Seglias Pallas Greenhall & Furman PC.. She concentrates her practice on construction industry matters including contract preparation, mediation, litigation, suretyship, bid protests, appeals and arbitration. Ms. Sigmond has extensive experience in litigation of construction disputes for public works and buildings in both the public and private sectors. She is an experienced mediator and is on the New York County Supreme Court Commercial Division Roster of Volunteer Mediators and the American Arbitration Association’s Roster of Construction Industry Arbitrators.
Runtime: 8 minutes

Faculty

Carol A. Sigmond

Carol A. Sigmond

Greenspoon Marder LLP