01-32_GENERALS_SUMMER25_PT - Flipbook - Page 27
ADVOCACY
BIDDING SMARTLY,
NOT JUST QUICKLY
What every general contractor should ask before submitting a bid
By LEONARD FINEGOLD Article authored by Leonard Finegold, Chair, Construction Law Group Cambridge LLP with the grateful assistance from Pooneh Sooresrafill
N A HIGHLY COMPETITIVE MARKET, quoting is often
treated as a race to the bottom — a
pricing game with little time for
reflection. But submitting a quote
(verbally or in writing) is not just
a business offer; it’s the first step
toward a binding contract, with real
legal and financial consequences.
General contractors who take the time
to ask strategic questions and assess
risks before bidding are far more likely
to avoid costly disputes, manage scope
creep, and set the tone for a successful
project.
I
Interpretation and Costing of the Drawings,
Specifications, and Scope of Work
A simple review of plans and specs is not
enough — dig deeper and ask: Is the scope
buildable based on what’s been provided?
Before pricing any project, a general contractor must be certain of what is — and
isn’t — included in the drawings, specs,
and scope of work. Misinterpreting or
overlooking a vague or incomplete scope
of work, or attempting to interpret poorly
coordinated drawings, are among the
INTRODUCTION TO
THE FOUR-PART SERIES
This article is the first in a
newsletter series aimed at
helping general contractors
navigate the legal and strategic
challenges at each stage of a
construction project.
THEGENERALS.NET
STAGE 1:
PART 1 - Bidding Smartly
PART 2 - Prebid Contract Pitfalls
STAGE 2:
PART 3 - Contract A and
Contract B Untangled:
STAGE 3:
PART 4 - Post Contract A and
Contract B Performance Pitfalls:
This part focuses on the quoting
stage — specifically, the crucial
questions to ask before
submitting a quotation.
This part will explore the legal and
financial framework prior to the
creation of Contract A, including
assessing financial risks, accurately
interpreting the drawings,
specifications, and scope of work
to ensure a carefully prepared and
financially rewarding bid.
This part will guide you through
post-Contract A (post-tender)
negotiations, highlighting the legal
obligations of good faith in the
performance of Contract B, and the
fine line between clarifications and
material changes.
SUMMER 2025 • the generals 27
