Bid mistakes are not uncommon in the construction industry. In the hustle of submitting bids, likely on more than one project, human error can result. Whether a contractor will be held to his bid submitted in error turns on an examination of the circumstances in each case.
A contractor's bid is an offer to perform specified work at a given price, and is submitted in a competitive environment to enable the owner to receive the best offer from the best contractor for the job. Bid rigging is a form of collusion between contractors that thwarts the competitive process and seeks to artificially raise the ultimate price for the work to be performed. Though suspicions may be well-founded, allegations of bid rigging without proof may open up an individual to a charge of defamation.
Before beginning work on a construction project, contractors are frequently required to obtain a surety bond that will ensure the completion of the contractor's duties under the contract. However, the parties can expressly agree to waive such provision. Additionally, the owner can waive the necessity for the bond by implication either through his words or actions.
When a worker is injured on a construction project, he may look to the project's architect for damages. The architect's role as the designer of the project and creator of the project's plans will form the basis for liability if the worker's injury results from the architect's negligence in drawing up the plans. When the architect serves as a supervisor on the project, an injured worker may seek compensation for an injury based on the architect's failure to maintain a safe working environment.
Recent litigation regarding construction defects have included defects that involve "sick buildings." "Sick buildings" are generally defined as building that make people sick. These types of buildings include buildings that are associated with air quality problems, which problems cause various diseases or allergic reactions that are traced to airborne contaminants.
