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The Contracting Process

Learn the ins and outs of the contracting process, from drafting expert RFPs to managing the bidding process and signing a winning contract. Presented by Ruth Harlan, Staci Gelfound, and Susan Rapaport, this session covers the types of contracts needed, how often to bid out contracts, when to change contractors, and more. Whether you're an association seeking contracts or a contractor themselves, this session provides valuable insights and guidance.

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The Contracting Process

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Presentation Transcript

  1. The Contracting Process From Drafting expert RFPs to Managing the bidding process and signing a winning contract Presented By: Ruth Harlan Staci Gelfound, AMS, PCAM Susan Rapaport, Esquire

  2. Association Contracts

  3. Association Contracts • Types of contracts needed by an Association • How often should the Association bid out contracts • How often should the Association change its contractors • Which contracts should be reviewed by an attorney • Form Contract

  4. THE RFP

  5. Association Contracts • When should the Association prepare an RFP • Requirements of an RFP – What should be included • When not using an RFP, how do you get a proposal or quote • Use CAI resource • Who should prepare the RFP • If technical – Select Engineer • Board/Management – Issues to consider • Number of quotes/proposals needed

  6. Contractors

  7. Contractors • Where to find vendors • CAI • When should Association use its own employees • Conflict of interest issues in selecting contractor • Bidders conference • Bids are confidential • Professional courtesy to contractors not selected

  8. The Contract

  9. The Contract • AIA Contract • Parts of AIA • Architect/Engineer oversight • Payments • Substantial Completion • Arbitration • Elements of a Contract • Parties to the contract • Scope of work, specific • Total agreed upon amount, when payment is due • Time period for work to begin, end, hours of operation

  10. The Contract • Elements of a Contract • Standard of performance • Restoration of property • Use of subcontractors • Indemnification • Insurance • Licenses & permits • Notices • Termination • Default • Financial protection

  11. The Contract • Elements of a Contract • Warranty • Assignability • Modification • Waiver Governing law • Severability • Entire agreement, modification, change orders • Prevailing party attorney fees • Jurisdiction • Arbitration/Court • What should Board discuss in executive session • Disclosing contract to owners

  12. Now What?

  13. What Needs to be done • Insurance • Obtain certificate of insurance • Additional insured • Have insurance agent review • Unique Association Issues • Notice to owners • Preparation for work

  14. Who Oversees the project

  15. Who oversees the project • On site employees • Professionals • Board Members • Managers • Check terms of management contract

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