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re: Construction Law question: Criminal Charges for Unbalanced bidding?

Posted on 8/9/16 at 9:43 am to
Posted by Kujo
225-911-5736
Member since Dec 2015
6015 posts
Posted on 8/9/16 at 9:43 am to
His question was that "in some states it can be criminal".....I would like to know which.
Posted by crimsonsaint
Member since Nov 2009
37268 posts
Posted on 8/9/16 at 9:44 am to
There has to be more to "unbalanced bidding" than what's in your OP. If it's my business, and my arse on the line, I'll bid the job however I want to. There's nothing illegal about it. The owner can take it or leave it.
Posted by Tittle'sPants
Fifth Circuit
Member since Aug 2012
627 posts
Posted on 8/9/16 at 9:57 am to
quote:

If you're doing it to recognize revenue during a period in which it wasn't earned, that is financial statement fraud.


Or simply an accounting error, which can be reversed. "Fraud" lol

As for the question, I don't understand what the hell OP is talking about. Sounds like a unilateral mistake of fact.
This post was edited on 8/9/16 at 10:01 am
Posted by DirtyMikeandtheBoys
Member since May 2011
19429 posts
Posted on 8/9/16 at 10:06 am to
quote:

Bid docs have a Typo that they meant 1000 units, but they asked for only 100 units....and you don't say anything about their error, and lower cost on things that they have right, and increase it on the things that they have wrong...so that after the fact when they realize they are 900 short, you are getting the higher price on the things they incorrectly wrote down.




You'd never win a bid in La if you didn't do this
Posted by TrebleHook
Member since Jun 2016
1356 posts
Posted on 8/9/16 at 10:08 am to
I front load occasionally depending on bit items, size of the project and % labor, if I need to pay cash to order something special, or if I know the owner's payment process is very slow.

Cash is king, especially in construction. Weekly payrolls are the norm compared to biweekly or semi-monthly. It also can be 2-4 months from the time an expense occurs vs when revenue comes in to pay for it.
This post was edited on 8/10/16 at 9:47 pm
Posted by Wtodd
Tampa, FL
Member since Oct 2013
67508 posts
Posted on 8/9/16 at 10:09 am to
quote:

always front load like a mug. No fair? Don't care

All construction companies try to do it and if you can get away with it good for you.
Posted by Tittle'sPants
Fifth Circuit
Member since Aug 2012
627 posts
Posted on 8/9/16 at 10:21 am to
quote:

I front load occasionally depending on bit items, size of the project and % labor, if I need to pay cash to order something special, or if I know the owner's payment process is very slow.

Cash is king, especially in construction. Weekly payrolls are the norm compared to biweekly or semi-monthly. It also can be 2-4 months from the time an expense accurs vs when it gets revenue comes in to pay it.


This.

In practice, construction in progress account will always be +/- billings, resulting in either an asset or a liability. That doesn't make anything "fraudulent." OP was his own worst enemy on that exam.
Posted by crimsonsaint
Member since Nov 2009
37268 posts
Posted on 8/9/16 at 10:23 am to
For the most part we don't front load unless they're withholding retainage.
Posted by DupontsCircle
Dupont Circle
Member since Jun 2016
5823 posts
Posted on 8/9/16 at 10:26 am to
quote:

Cash is king, especially in construction. Weekly payrolls are the norm compared to biweekly or semi-monthly. It also can be 2-4 months from the time an expense accurs vs when it gets revenue comes in to pay it.



Don't do construction for any government.
Posted by Wtodd
Tampa, FL
Member since Oct 2013
67508 posts
Posted on 8/9/16 at 10:27 am to
quote:

For the most part we don't front load unless they're withholding retainage.

Which by the way should be completely illegal unless you're behind schedule.
Posted by Wtodd
Tampa, FL
Member since Oct 2013
67508 posts
Posted on 8/9/16 at 10:30 am to
quote:

Don't do construction for any government

Do tell.....Prompt Payment Act for construction contracts.....at the federal level payment must be made in 14 days or less from date of acceptable invoice.
Posted by DupontsCircle
Dupont Circle
Member since Jun 2016
5823 posts
Posted on 8/9/16 at 10:35 am to
quote:


Do tell.....Prompt Payment Act for construction contracts.....at the federal level payment must be made in 14 days or less from date of acceptable invoice.


Yeah, tell me some more stuff you Googled.
Posted by dbbuilder79
Overton NV
Member since Dec 2010
4155 posts
Posted on 8/9/16 at 10:35 am to
I know when this occurs on a bid, the lower number is labor and the higher is materials. A contractor will say that they can't do anything about material cost. So when this happens to me, I just tell them I'll supply the materials.

Then they pull their bid
Posted by Wtodd
Tampa, FL
Member since Oct 2013
67508 posts
Posted on 8/9/16 at 10:39 am to
Hey Duponts - I negotiated & administered construction contracts for 14 yrs in the Air Force. I've done all types of contracts for the past 37 yrs.

Wanna try again?
Posted by McLemore
Member since Dec 2003
31541 posts
Posted on 8/9/16 at 10:43 am to
You didn't bother asking your friend of 40 years who happens to practice construction and RE law?

I mean, I have no idea what you're talking about, but I'm still offended.
Posted by DupontsCircle
Dupont Circle
Member since Jun 2016
5823 posts
Posted on 8/9/16 at 10:47 am to
quote:

I negotiated & administered construction contracts for 14 yrs in the Air Force. I've done all types of contracts for the past 37 yrs.


Doesn't matter. You will lose this argument. I've never had one military contract officer pass through my class that didn't claim to know everything about government contracting because they read DFARS twice and processed some payments.

Posted by Wtodd
Tampa, FL
Member since Oct 2013
67508 posts
Posted on 8/9/16 at 10:53 am to
quote:

Doesn't matter.

Arguable
quote:

You will lose this argument.

Your opinion
quote:

I've never had one military contract officer pass through my class that didn't claim to know everything about government contracting because they read DFARS twice and processed some payments.

Probably but I was never one of those KOs; I KNEW I didn't know everything NOR did I want to know or memorize everything.......why memorize it when you can look the shite up but the Prompt Payment Act was something I KNEW about for construction contracts.
Posted by DirtyMikeandtheBoys
Member since May 2011
19429 posts
Posted on 8/9/16 at 10:55 am to
quote:


Do tell.....Prompt Payment Act for construction contracts.....at the federal level payment must be made in 14 days or less from date of acceptable invoice.


and here is just the right amount of beurocratic grey area to ensure you never get paid
This post was edited on 8/9/16 at 10:56 am
Posted by DupontsCircle
Dupont Circle
Member since Jun 2016
5823 posts
Posted on 8/9/16 at 10:57 am to
Federal agencies, especially DOD, are more likely to present prompt payment to a contractor on a schedule if performance is accepted upon inspection. Agencies with less structure but the same contract admin regs require more time to inspect the site and verify performance.

State and local are less regulated, less structured and have worse contract admin policies on the macro level. Usually, they run Net 30, which is standard. I've seen Net 60 though.
Posted by Wtodd
Tampa, FL
Member since Oct 2013
67508 posts
Posted on 8/9/16 at 11:01 am to
quote:

Agencies with less structure but the same contract admin regs require more time to inspect the site and verify performance

As a former KO, no way I'd accept this answer from an Inspector.
quote:

State and local are less regulated, less structured and have worse contract admin policies on the macro level. Usually, they run Net 30, which is standard. I've seen Net 60 though.

Me too but it's the KO's responsibility to make sure shite runs right.
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