The Contracting Process
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Presentation Transcript
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
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
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
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
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
The Contract • Elements of a Contract • Standard of performance • Restoration of property • Use of subcontractors • Indemnification • Insurance • Licenses & permits • Notices • Termination • Default • Financial protection
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
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
Who oversees the project • On site employees • Professionals • Board Members • Managers • Check terms of management contract