Bidding, changes and claims against a public owner.
Esshaki Legal Media TeamCurrent as of September 2025
Public construction combines procurement rules with construction law, and both
sets of procedures must be observed.
Bidding. Competitive sealed bids with the award to the lowest responsive and
responsible bidder. Bid protests are heard on short timelines, and the standard
of review is deferential to the awarding authority.
Bid mistakes. Withdrawal of a bid containing a clerical error is generally
permitted before award on prompt notice and proof; withdrawal to escape a bad
price is not, and the bid security is forfeited.
Changes and extras. Public contracts typically require written change orders
approved by a designated official. Work performed on a verbal direction is
frequently unrecoverable, because the officials lack authority to bind the
public body informally. This rule is harsher than in private construction and
surprises contractors regularly.
Claims procedures. Notice within short periods, submission through a
prescribed administrative process, and exhaustion before suit. Failure to follow
the process defeats otherwise meritorious claims.
Differing site conditions and delay clauses allocate risks, and
no-damages-for-delay provisions are enforced in many states with exceptions.
Prevailing wage requirements on public projects, with certified payroll
reporting, apprenticeship ratios and penalties for underpayment including
debarment.