National Roofing Legal Resource Center

Contract provision addresses bid expiration timeline

In situations where a roofing subcontractor does not want to leave his or her bid open for an extended period or have his or her proposal subject to acceptance for an indefinite period, the following provision may be included. By including this provision in a bid to a general contractor, a roofing subcontractor may be better able to plan for future jobs and bids and reduce bid shopping by the general contractor. With this provision in effect, the roofing subcontractor is not obligated to honor the price in his or her bid unless the general contractor notifies the roofing subcontractor within 48 hours of the bid opening that the general contractor has relied upon the roofing subcontractor’s bid and will award the subcontract to the roofing subcontractor if the general contractor's bid is accepted by the owner. The provision is most likely to be helpful to roofing contractors when bidding to general contractors on public construction projects in jurisdictions that do not have statutes requiring subcontractor listings on public bids.

Bid expiration timeline: This proposal expires forty-eight (48) hours after bid opening unless roofing subcontractor is notified in writing (email is satisfactory) within forty-eight (48) hours of the scheduled bid opening by the general contractor that the general contractor has relied upon and used the subcontractor's proposal in the general contractor's bid submission to the owner and the general contractor agrees to award the roofing subcontract to the subcontractor if the general contractor is awarded the job by the owner.


12/28/2016



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