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Bidding On Public Versus Private Projects

In the construction industry, there are two different types of bidding processes; public and private. As Clearwater construction attorneys, we know how beneficial it is for contractors to understand the difference between these two types of projects before getting involved with a bid.

Private Bidding Projects

Private bidding is sometimes looked at as a quality driven action, in place of the price driven action that is typically the norm. In the case of private bidding, a contractor that has been invited to bid was evaluated by their previous work, experience, and reputation. This criteria is factored in to see how the contractor handles their workload, and if they have proven to the owner that they can finish a project in a timely manner.

Public Bidding Projects

Public bidding projects, however, are more of a competitive process. By law, a large portion of federal, state, county, municipal, or school district projects require competitive bidding. This process is set in place to guarantee the lowest construction price for the public project. With these types of projects, you usually see tax revenue or publicly issued bonds as the main source for funding, whereas with private projects the owner is responsible for funding. The contract being awarded to the lowest bidder is a long-standing practice in the construction industry, because it ideally shows good supervising of public money. Because of this, most public bid projects are required to be advertised for at least 30 days prior, in a newspaper or on a government website.

Unlike private bidding projects, it’s important to remember that a public bidding project may have varying bidder requirements, such as being a pre-qualified bidder or being invited to bid. This can cause a public bid to resemble a private bid, however the bid will still follow public bidding laws. It’s recommended you seek the counsel of your Clearwater construction lawyer when determining your eligibility for a bid.

To speak with one of our Clearwater construction attorneys or for more information, please contact our office at 813.579.3278 or submit our contact request form to request a consultation.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

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