Start of Preconstruction
Preconstruction begins when the contractor receives an executed agreement or notice to proceed. Before starting, the contractor should review the contract conditions and Division 01 to align project management procedures with requirements for communication, submittals, sustainability, modifications, payments, and closeout.
Estimating Pass-Off
Triggered by the Notice to Proceed. The estimator hands off the project to the construction team, explains key details, and identifies major subcontractors and suppliers. The PM then develops the original construction budget, which serves as the benchmark for the project.
Buyout Process
A critical preconstruction activity where the contractor issues subcontracts, purchase orders, and supply contracts, and finalizes negotiations with subs and suppliers. A well-organized buyout reduces conflicts later and ensures subcontract terms align with contract documents.
Bid Shopping
The sharing of subcontractor bid information to leverage better pricing. It can be initiated by either party and may lead to trust issues, ethical concerns, and legal complications.
Key Negotiation Factors with Subs/Suppliers
Include shipping responsibilities, submittals at no extra charge, price escalation for long projects, ability to meet schedule, and clear contractual terms.
Award of Subcontracts
Subcontracts may be standard (AIA, EJCDC, ConsensusDocs) or custom. They must include flow-down clauses to ensure that subcontractor responsibilities are aligned with the main contract. Payment procedures (Pay-when-paid vs. Pay-if-paid) must be clearly defined.
Subcontract Requirements
May include payment and performance bonds, insurance, certified payroll, submittals, warranties, and record documents. Any modifications to standard contracts should be legally reviewed.
Purchase Orders (POs)
Contracts for materials. Supplier quotes are solicitations; the PO is the offer and the supplier’s signature or performance is acceptance. POs should align with specifications, delivery schedules, cost, and contract terms.
PO Requirements
May include shop drawings, samples, certifications, testing requirements, and compliance with contract documents.
Notice to Proceed (NTP)
Official document establishing the project start date and duration. Issued after insurance, bonds, and other documents are accepted. Common in public and private projects, especially those with liquidated damages clauses.
Construction Contract Documents
Include Owner–A/E and Owner–Contractor agreements, conditions of contract, specs, drawings, bid forms, addenda, NTP, and modifications. Contractors must ensure subs and suppliers work from complete document sets.
Owner–A/E Agreement (AIA B101, EJCDC E-500)
Defines A/E basic services including advising, consulting, interpreting documents, observing work, reviewing payments and submittals, and inspections. May include additional services like record documents or coordinating separate work.
Owner–Contractor Agreement (AIA A101/A102, EJCDC C-520/C-525)
Specifies contract documents, time, price, and payment procedures. Varies depending on delivery method and payment structure.
Conditions of the Contract
Establish rights, responsibilities, and relationships of all parties. Typically include general and supplementary conditions. Widely used: AIA A201 & EJCDC C-700.
Common Topics in Conditions of Contract
General provisions, responsibilities of each party, subcontracting, changes in work, time, payment, insurance, safety, claims, dispute resolution, and termination procedures.
Supplementary Conditions
Modify general conditions to address project-specific issues such as insurance, wage requirements, and equal employment obligations.
Specifications (Div. 02–49)
Provide detailed technical requirements for materials, systems, and execution. Organized into three parts: General, Products, and Execution. Define QA/QC, submittal requirements, handling, installation, sequencing, warranties, and scheduling.
Contract Drawings and 3D Models
Must be coordinated with specifications and other contract components to avoid conflicts.
Addenda and Modifications
Pre-contract revisions (addenda) and post-contract modifications are essential to maintain document accuracy.
Obtaining and Distributing Contract Documents
Procurement outlines where to obtain documents. Team leaders distribute them to relevant parties (A/E to consultants & AHJ, Owner to reps, Contractor to subs & suppliers).
Using Complete Document Sets
Subs and suppliers must coordinate their scope with full project documents to avoid conflicts and ensure integration with other trades.
Posting Addenda
Addenda must be permanently incorporated into the site documents.
Referenced Standards
Specifications often reference external standards (e.g., ASTM, AASHTO). Contractors must have access to these for compliance.
Preconstruction Submittals
No work can begin until all required preconstruction submittals are submitted by the contractor and reviewed by the A/E and Owner. These are triggered by the Notice to Proceed and typically include insurance certificates, bonds, sub lists, schedules, and control plans.