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.
Retainage limits set by statute in many states.