My ENR View Point http://enr.construction.com/opinions/viewpoint/2009/0916-WhenBiddersBomb.asp on qualified contractors losing work to unqualified contractors really struck a chord with numerous readers.
A couple of the responses suggested tightening up the bidding process by requiring prime contractors to name subcontractors. This is already a requirement, and has been for many years, in various locations around the country. It does nothing to solve the problem.
- The unqualified bidders will still squeeze or shop the subcontractors and/or vendors for every last dollar they can to cover their own mistakes and poor business practices. This will not stop by naming subcontractors at bid time or within 24 hours after bid time. If anything it encourages the unqualified bidders to ramp up these efforts at bid time with unqualified subcontractors. The unqualified contractors will not even stop shopping bids with only some of the subcontractors refusing to bid to them.
- The unqualified bidders will still get work by the owners and developers that are fixated on low dollars at bid time. If all they are concerned about is that the contractor has a performance bond, they will not change. Tossing out the low and high bidders then going through financial gymnastics will not solve the problem of unqualified bidders.
Nothing will be done until the bonding companies take a look at their how their own practices support the unqualified contractors taking work away from the qualified contractors.
The unqualified bidders, and there are lots out there, are not interested in becoming better business managers, otherwise they would have gotten better training and education by now. A contractor’s license does not cure this problem. The unqualified bidder will still take a dive or bomb the project until it costs them money or affects them personally by putting them out of business.
The problem of the unqualified bidders winning work from the qualified bidders will not go away until the industry, as a whole, decides it wants to change. The funny thing is the qualified contractors use the same vendors as the unqualified contractors. They use many of the same subcontractors. They may even have the same bonding company as the unqualified contractors.
In each city and state, in each market segment, the qualified know who are unqualified. They know which firms will bomb the job. It is no secret. Perhaps the qualified contractors should start by taking their business elsewhere with the vendors, subcontractors and bonding companies. What would happen to the industry if vendors were only doing business with firms that would not or could not pay them? What if the subcontractors had the same problem? What would happen to bonding companies if their only business was with the companies that were very susceptible to defaulting? What if the owners and developers only received bids from the unqualified bidders? It is a two way street the qualified contractors, subcontractors and vendors may just want to explore.
Oh By the Way… Even though I prequalified the bidders on my own building, the low bidder made a substantial error at bid time. I alerted them that a mistake had been made, but not the amount of the error. They “corrected” their bid amount but were still quite low. Bidders two, three and four were exceptionally close together. I ended up awarding the contract to the third bidder. There was only one change order on the project that I instituted for less than 1% of the contract value. There were no disputes over the scope and quality of the construction effort. The building was completed on time. It doesn’t get much better for all parties than this.

2 Comments
Don,
The problem with all of this is that the low ball bastards are still in business today while we, the “Good Guys” are dying on the vine! Failure cannot come soon enough to save a large number of the good guys…. and it is really a damn shame! Compounding the problems are that some of these good guys have become so desperate to have cash flow that they are sucked into the vaccum of greed.
A successful competitor that saved a chunk of money for the rainy days has what I think is a brilliant solution…. “Put the business in mothballs until the low ball scumbags; both GC and subs, die off and revive the company at at time when business comes back to a decent level. We can loose money fishing enjoying ourselves or we can give it away trying to compete in todays market.”
This just came to me via email:
I just read your article on low ball bids. I think you forgot the obvious reason companies come in 20-30% lower. It is prevelant in the construction industry around the US in right to work states. It is called 1099, “off the books”, and miss classification. Companies that sub contract out to labor brokers who fail to pay any payroll tax, ss benifits, workers comp premiums, unemployment insurance. Companies who pay everyone on a 1099 basis when they are really employees and companies who pay cash every week with out a paper trail. I was just wondering why you didnt mentioin any of this. Bomax who was featured in this news letter was doing just that on a prevailing wage job in the city of Austin.