Do’s and Don’ts of Smart Contract Bidding

Oct 13, 2021

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This put up is a part of a collection sponsored by Outdated Republic Surety.

As a surety bond producer at your unbiased company, you might be doubtless the skilled closest to your development consumer’s bid course of, together with a development accountant and legal professional. You might be invaluable in offering important info from exterior of the contractor’s world. Right here’s recommendation about contract bidding to share along with your development purchasers.

This text initially was revealed by the Nationwide Affiliation of Surety Bond Producers and is being republished with the specific permission of NASBP.

Inserting a bid on a public development venture comes with a number of dangers for each contractors and public entities. A surety bond is a vital danger administration device for contract bidding that ensures a venture can be accomplished efficiently on the lowest potential value in an effort to avoid wasting public tax {dollars}, whereas verifying {that a} contractor can ship on their promise.

It’s essential for development firms to take the time to know surety bonding when inserting bids. Working with an agent who’s well-versed in surety bonding and straight with the surety underwriter might help make sure the bid is cost-effective for the principal (the entity or firm the bond is being supplied for and guaranteeing the work of; i.e., the contractor) and low-risk for the obligee (the general public entity doing the hiring or the overall contractor hiring out subcontractors).

Listed below are the do’s and don’ts of bidding smarter with bonding in thoughts from a contract surety underwriter who’s a former electrical estimator who grew up in and across the development trade.

DO perceive what a surety bond is. As talked about, a surety bond ensures to the proprietor of the venture that the principal will full the venture as acknowledged throughout the contract as much as the contract quantity. A surety bond is just not a “mortgage” that can be utilized every time funds are wanted — the surety is barely obligated to carry out underneath the phrases of the bond after the contractor has been terminated from the contract. Bond premium is due in full on the time the ultimate bonds (efficiency, fee, and probably upkeep) are executed. Though sureties usually don’t cost for bid bonds, the bid bond ensures the contractor will enter into the contract for the quantity bid.

DON’T swing for the fences along with your first surety bond. There’s no room for dangerous enterprise when first establishing a surety bond program and relationship along with your surety. Attempt to construct a observe document along with your surety as a lot as potential earlier than chasing the biggest contract your organization has ever undertaken.

DO plan forward. In the event you unexpectedly slap collectively a bid, chances are high you both gained’t win the job and even worse: You gained’t be capable of ship on the value you initially bid and might find yourself dropping some or all the revenue you anticipated on the venture. Taking the time to prepare and absolutely define each element of your bid can probably prevent from elevated prices from development delays or ignored contract particulars. And keep in mind: No two tasks are the identical. You may’t copy and paste a bid from a earlier venture, regardless of how related they could appear at first look.

DON’T use plug numbers in a bid. Ensure you’ve absolutely vetted a venture earlier than developing along with your bid quantity. When planning a bid, evaluate the scope of labor and basic situations to see if there are any objects that can be utilized for markup, resembling price will increase in response to lien waivers. Keep away from the price-per-square-foot strategy every time potential and keep away from the “we’ll determine it out later” perspective simply to safe a venture to maintain your labor pressure busy. What you’ll find yourself determining later is that it prices rather more to repair errors than it does to cowl all of your bases upfront. As an proprietor as soon as informed me: “{Dollars} spent up entrance save hundreds down the road.”

DO maintain communication traces open. When planning a bid, have steady open discussions along with your proprietor and/or basic contractor, subcontractors, and your surety. By way of subcontractors, ensure you perceive who has what scope and what it should price. For instance, are website clean-up and trash hauling throughout the basic contractor’s scope or the sub’s scope? Are they each together with this scope of their costs?

Have pre-bid conferences with subcontractors to obviously outline every scope of labor and create a guidelines of what you anticipate from every sub, in order that they know precisely what they’re meant to do. Create a schedule for every section of the venture and every scope, so every subcontractor is aware of precisely when they’re anticipated to be on website and the way a lot time they’ve to finish their half.

DON’T cease updating the venture schedule. Even after a bid is awarded, it is necessary that the overall contractor retains up frequent communication with their subs, particularly by repeatedly updating the venture schedule. If one sub is per week behind on their work, the subsequent scheduled subs down the road have to know, in order that they don’t present up per week earlier than the positioning is prepared for his or her work.

DO evaluate the prime contract with the subcontract. Be sure there are not any gaps or conflicts between the 2 contracts, and clearly perceive the order of precedent between them (i.e., if the subcontract has phrases that battle with the prime contract, know which one overrides the opposite). If you’re a subcontractor, be certain to confirm any pass-through language within the specs of the subcontract to ensure you know if any liquidated or different damages being utilized to the overall contractor may also be utilized to you because the subcontractor.

DON’T signal a contract you aren’t aware of or that isn’t a regular AIA contract with out having your surety underwriter present a danger evaluate for any onerous clauses. Your surety desires to be your companion and is an asset to your firm — make the most of their experience.

The surety sees totally different contracts on a regular basis — even contracts with totally different phrases from the identical proprietor/basic contractor. For instance, a method your surety might help is to examine if a contract you obtained from the obligee is the “A,” “B” or “C” contract from that entity. In addition they know what components of a contract could be negotiated greater than others (i.e. liquidated damages, wavier of lien notices, quantity of climate days, and so forth.).

DO have a full understanding of your bond premium. As a result of premium is due and picked up on the time ultimate bonds are executed, it’s simple to neglect to incorporate it in your bid. Make sure to incorporate your bond premium in addition to any subcontractor bond premium inside your bid. Omitting the price of surety bond out of your bid will lower your revenue on the job. It’s uncommon that bonds are waived in the event that they have been a requirement within the bid specs.

DON’T use your development firm as a financial institution. In the event you had a worthwhile 12 months, it is advisable take into account the way forward for the corporate. There are various methods to spend a windfall, however the development market is cyclical. Keep centered in a very good development market and keep away from utilizing working capital or fairness to put money into “opportunistic ventures” like actual property growth or flipping homes. At all times lower your expenses in the course of the good instances so that you simply gained’t want to simply accept decrease margins on work throughout a down development cycle.

Nevertheless, in case you do have an funding alternative you might be contemplating utilizing these funds for, speak to your surety and get their ideas earlier than you do make investments.

DO construct a tradition of security inside your organization. Be sure to construct and nurture a tradition throughout the firm that places security on the forefront. Insurance coverage premiums and employees’ comp claims are costly and might add up rapidly — they usually eat straight into your earnings since you aren’t in a position to write them off on to a job. A security tradition additionally reveals staff that their employer cares about their well-being. Celebrating “X quantity of days with out an damage” on a venture is one approach to foster this objective.

These do’s and don’ts will assist contractors bid smarter and shield earnings. As a surety bond producer, you have got insights and details about the position of surety bonds in bidding and contracting, to assist your development and contractor purchasers progress their enterprise.

For extra surety suggestions and assets, head over to NASBP’s Contract Assets web page.

When you have any questions on something concerning surety, contact an appointed agent, or attain out to an Outdated Republic Surety department close to you.

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