What is included in the bid or bid package could save you a headache if anything goes wrong.
The first step of the construction contract is the design documents. This includes the plans, specifications, addenda, and attachments to ASIs or responses to RFIs. All of those pieces are going to involve some aspect of the design that the contractor is required to follow. A good construction contract will have a list of these documents by category. Ultimately, every document becomes part of the contract. If there is a dispute, there needs to be a full account of all documents each step of the way. Owners and architects have a duty to use reasonable skill and care in preparation of plans and specifications, and inspect and supervise work conducted in accordance with plans and specifications, RFI’s, ASI’s, CO’s, and CCD’s. Watch this video for details on defective plans and specifications, and learn the advantages and disadvantages of the design-bid-build process, fast track construction and multiple prime contracting.
Lloyd N. Shields
Shields | Mott LLP
- Managing Partner in the New Orleans law firm of Shields | Mott LLP
- Practice areas primarily include construction litigation, surety law, business, technical, products liability, copyright, trademark and patent cases, and alternative dispute resolution
- Represents clients in federal and state courts in judge trials and jury trials, on district and appellate levels, and in mediations and arbitrations
- Admitted to practice before all federal and state courts in Louisiana, various other federal courts, and the United States Supreme Court
- Written and lectured extensively on construction law, alternative dispute resolution and related topics to a variety of professional groups
- Handled hundreds of construction cases covering virtually every aspect of building construction and design
- Member of the Construction Arbitration Panel and Construction Mediation Panel of the American Arbitration Association, a member of the American Arbitration Association national board of directors, and of the Louisiana State and American Bar Associations
- Named a Super Lawyer in Louisiana Super Lawyers in the field of construction/surety
- M.Arch. and J.D. degrees, Tulane University
- Can be contacted at 504-581-4445 or [email protected]
Elizabeth L. Gordon
Shields | Mott LLP
- Partner at Shields | Mott LLP
- Concentrates in the practice areas of construction law and commercial litigation
- Experience representing owners, contractors, subcontractors and design professionals in all aspects of construction from construction contract negotiation and drafting, claim drafting and counseling during the construction and resolution of claims through the use of appropriate state or federal courts or before arbitration panels
- Handled these issues against private, local, state and federal agencies
- Handled state and public law lien claims and federal Miller Act claims
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