Gain an understanding of bidding law and the legal issues surrounding the bidding.
The program will focus on analyzing and understanding the adverse consequences of errors in bids. It will explore errors in both public and private projects, whether by a prime contractor or a subcontractor. This course will provide practical insights into how different types of errors will be addressed by courts or administrative agencies.
Learning Objectives
- You will be able to discuss simple prevention of errors.
- You will be able to review the binding nature of a bid.
- You will be able to identify types of errors.
- You will be able to examine remedies.
Agenda
Simple Prevention of Errors
- Always Read the Solicitation, Instructions to Bidders and Bid Form
- Note Dates
- Document the File
- Proof-Read the Bid
Outline
- Duty of Care in Bidding
- Binding Nature of a Bid (RFB Is the Offer, the Bid Is Acceptance)
- Types of Errors
- Technical - Timing, Solicitation Terms
- Omission
- Computation
- Legal - Mistake, Mutual Mistake, Materiality
Remedies
- Withdrawal or Cancellation
- Correct or Modify (Reformation)
- Equitable Relief - Unconscionability, Superior Knowledge, Promissory Estoppel, Equitable Estoppel
- Equitable Enforcement (Specific Performance)
Speakers
Carol A. Sigmond ,
Cohen Seglias Pallas Greenhall & Furman PC- Managing partner of the New York office of Cohen Seglias Pallas Greenhall & Furman PC
- Concentrates her practice on construction industry matters, including contract preparation, mediation, litigation, suretyship, bid protests, appeals, and arbitration
- Extensive experience litigating construction disputes for public works and buildings in both the public and private sectors
- Represents New York clients in construction defect litigation relating to issues that arise when adjacent owners develop their properties
- Current Vice President of the New York State Bar Association and the former President of the New York County Lawyers Association
- Frequent speaker and author on topics relating to construction law and publishes The Co-Op Condo Help Line appearing monthly in various Mann Report publications
- Member of Law360‘s 2019 Construction Editorial Advisory Board
- Sits on the Lawyers Council of the Citizens Crime Commission of New York City and is a member of the Construction Lawyers Society of America
- J.D. degree, The Catholic University of America School of Law; B.A. degree, Grinnell College
- Can be contacted at csigmond@cohenseglias.com or 212-871-7400
Who Should Attend
This live webinar is designed for project managers, contractors, subcontractors, engineers, architects, presidents, vice presidents, developers, government officials, purchasing professionals, and attorneys.
