Bid Documents
In the bidding phase of the project, there should be adequate time allotted for bidding and all bidders should be required to attend pre-bid meeting and site visit where the design is described in as much detail as possible. This will ensure that the bidders have adequate information design information to provide the Owner with a realistic and complete bid for the project. However, the design professional should not prepare the bid solicitation documents or the construction contract between the Owner and the Contractor. The owner and/or construction manager should take the primary role in setting out the Owner's vision of the project and requirements. This will assist in minimize future design claims by the contractors claiming that they were unaware of certain conditions or terms of the project or misled by the design professional as to the terms of the contract. Documentation is also essential at this phase so that all bidders receive the same information and understand the scope of the design and will minimize misinterpretation about the terms of the contract.
If the owner is proceeding under a design-bid-build project delivery method, the owner should have the design completed and the form of the construction contract completed and bid on by bidders. This would have the benefit of being able to compare the bids on an apples-to-apples basis and minimizing post-bid negotiations over contract language. If bonds are required, that should be set out in the bid documents.
