What Does That Mean?

I have heard countless times that you should read a document before you sign it which is actually very wrong.  You might as well just sign your name and possibly your livelihood away by this approach because it is no different than not even looking at the words on the paper before signing.

The correct approach to signing a legally binding contract is to not only read the document but more importantly, comprehend it.  It’s very easy to breeze over some fancy legal jargon which at first glance seems completely harmless.  But a single word or phrase can make the contract extremely unfair for you or your company and could end up costing your company severely in the long run.

I was just recently reading a confidentiality agreement and came across a word that I did not fully understand.  After doing a bit of research, that one word allowed a third party to bring a lawsuit against our company (this term was not agreed to).

So, what do you do if you don’t understand something?  I would suggest doing a little research by either talking to your coworkers/superiors and/or researching the term on the internet (use common sense and caution when using the internet as a resource).  A better alternative if you can is having an attorney review the document and explain to you the meaning and possible ramifications of the contract.  No matter what, you should always understand the terms and conditions of the contract prior to signing the document.

Pricing – What The Different Markets Are Doing

There are several levels of market pricing in the construction industry today.  These markets generally are the open competitive bid, invited competitive bid, competitive negotiated, sole source negotiated and specialty bid market. These markets may involve firm price or cost reimbursable terms.

  • The least expensive market for owners today is in the open competitive bid market.  A set of plans and specifications is developed and issued for firm price bids.  Presuming the project is bid by contractors that can bond the project and staffed by competent owner personnel or representatives, this is the best value.
  • The invited competitive bid is the next best value. It is potentially equal to the open competitive bid market for pricing.  If all of the invited firms are qualified and comparable, the pricing should be comparable, yet priced similar to the above.
  • The competitive negotiated market will have higher pricing than the two markets above, yet lower than the sole source negotiated market.  In these cases the owners may not be as “price sensitive” as or are looking for something besides the best value opportunities.
  • The sole source negotiated can have the highest overall cost in the construction market today.  The owner may have other priorities that outweigh the capital cost of the project.  Or, perhaps they are not aware that they have selected an expensive approach.
  • Then there is the specialty bid market.  This applies to select market areas and they vary due to project requirements.  In these markets the cost is not a significant criterion in having the work performed.  It is a matter that the work must be done.  It can apply to a specialty area on a project to getting a factory on line in time to get the product to market.

Oh, By the Way… The competitive bid market today is a bloodbath.  All parties are slugging it out to see who will get the work at the lowest price, even if it involves bidding below cost.

How Bad Is It in the Construction Market?

Six joint venture teams recently bid on a $500+ million government project.  There were over 10 amendments during the bid period.  Each bid set cost over $4,000 and the amendments were extra!  They won’t hear any results for a minimum of 4 months.  Also the project is unfunded.  This means that it can’t be built at this time – no money.

It’s bad and sad in that each team spent three months chasing work that may never be awarded.  None of them can get back the time or lost opportunities to bid other work, not that there were many opportunities out there anyway.

None of them can recoup the expenses associated with bidding on a project of this size. Bidding a project this size is not inexpensive.    I would not doubt that each team spent or can account for the effort costing in excess of $1 million.

So, six teams, with at least 12 members from the ENR Top 400, were chasing a project that may not be built.  Talk about a roll of the dice that would not have been done in better times!

Oh, By the Way… Subcontractors are no better off.  Each one had to jump through the same hoops as the prime contractor teams.

2012 Construction Contract Forecasts

I was recently reading forecast on what was expected for 2012 in the various construction markets.  Some are expecting contract values to slightly increase from 2011 levels.  Some see no increase.  My thoughts are that there will be a decrease from 2011 to 2012.  It may be a bit simplistic but 2012 may well be substantially worse than 2011.

Previously I revised my construction “recovery” year from 2012 to 2013.  This was based on what I was seeing in the private and public sectors.  These same conditions still exist.

Private money is not being released to any great extent in the capital construction markets.  Owners are making money but they are not spending it on facilities, they appear to be holding on to their cash for other liabilities – healthcare, taxes, you name it.

The government money has been keeping the construction market from totally tanking.  However, this has been on borrowed funds and time.  The states are in dire straits with their economies.  Some are so bad that they cannot even do their matching percentages on federal projects.

The federal government, even with incumbent election year spending, cannot keep funding construction at the rate they have been for the past years.  The debt crisis is real.  They don’t have the money to continue on all fronts.  So I see a dramatic drop in the governmental spending.

Oh, By the Way… The dramatic drop in governmental construction contracts will be a stop gap measure by the politicians to balance the budget or reduce the deficit.  Will they do the right thing to cut back on spending where it should be cut?  When was the last time they did the right thing?

Serving your clients

With the economy where it’s at right now, it’s very important to keep your customers satisfied.  Customers have the upper hand right now and if they are the least bit dissatisfied, they can easily go to your competition that will be more than happy to take care of their needs.  They will only be loyal up to a certain point and then they will decide the trouble is no longer worth it.  Once the customer decides to try “plan b”, it can be very difficult to regain their business.

I worked with a construction salesman several years ago that would stop in at a potential client once every few months trying to get a foot in the door.  After about two years, the potential client had an issue that needed an immediate repair.  Our competition that had a lock on the work told them it would be several days before they could send someone so they decided to give us a try.  We sent a service tech the same day.  That quick response time led the way to us being able to do so many construction projects that I lost count.  The best part was that the client’s main concern was quality and time, not price.  The company we took the business away from lost out on millions of dollars’ worth of very profitable work.

Employee Rights Notice Posting

The National Labor Relations Board has issued a final rule which requires employers to post a sign notifying their employees of their rights under the National Labor Relations Act.  In order to be in compliance the sign/poster will need to be posted by January 31, 2012.

The following link provides more information about the requirements and how it affects your business:

https://www.nlrb.gov/news/board-issues-final-rule-require-posting-nlra-rights

Information on how to download the poster and how to receive free copies can be found at the link below:

https://www.nlrb.gov/poster

What is your opinion on the matter?

Happy Thanksgiving!

A special greeting at Thanksgiving time to express to you our sincere appreciation for your confidence and loyalty.

Best Wishes for a Happy Thanksgiving!

Don L. Short, Justin Short, & Mark Mentele

Tom Turkey has 1 request for you this year - eat tofu!

Bucket List Projects

I have been fascinated with construction since I was a kid.  I loved to watch buildings being built and the large equipment working.  I still love a site tour of a building being built.  I have seen projects from houses to coal fired power plants, office buildings to hospitals.  One kind of project that I would still love to see is a large underground pipeline.  What kind of project is on your bucket list to see?

In All The Wrong Places…

I was working on a project recently.  When doing the review there was a note that was on the civil drawings – about work that the electrical contractor was supposed to perform.  There was no symbol on the civil drawing just a note and there was no reference to the work on the electrical drawings.

This should never happen, but I am seeing more and more of it.  The electrical contractor will not typically look through all of the notes on all of the drawings and the work will be missed.  This is a losing situation for all parties and will probably end up in dispute.

Podcasts

I listen to a lot of podcasts.  I listen to them on my commute, bike rides, and while I travel. The best one that I have found about construction is at www.e-builder.net/podcasts. It is not a polished podcast but the information is good.  Do you have any that you listen to? What else do you do to stay current on your trade?

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