Kevin,
Great question. I wish the answer were a simple - yes. First, is it in your contract to distribute contract documents? I think any action/service you take that is not authorized in the contract is a breach of contract. The person to ask is the legal department of your clients jurisdiction. Most jurisdictions have requirements/restrictions on distribution of documents for public bid. The collection of deposits is the next issue. If the clients reimburses the cost of printing you can not double dip and collect printing fees paid to you. We never deposited checks (the receipt for receiving the documents). We kept the checks locked up in the office along with a log of what the contractor received. Second, why are you doing this? You will spend a tremendous amount of time performing a task that is generally called out as a duty of the owner. The "accounting" of the documents, deposits, inspection of returned documents for return of deposit. You are taking on a lot of liability by accepting checks for services that are not "professional services." If you are not being compensated for your effort, then you should not be doing it.
Our solution: At the end of the section in the bid solicitation that tells where the contractor can receive (free or by deposit) contract documents we add a statement similar to this - The contract documents are being held by "printers name". You may purchase sets by contacting the printer at "printers telephone number." You may review the documents at no charge at the office of "your firm name" or at "you clients address and phone number."
Why do we do this? We have rarely received a set of documents back that were as cleans as when we sent them out, if they are returning them in good condition, they most likely did not use them and wasted the owners (tax payers) money. If they return the set and something is missing and you send them out again ... guess how just accepted responsibility?
On public work, we do not distribute documents, our legal team is not large enough to defend a wrongful action legal claim.
On private work - Knock yourself out; but, ask yourself why am I doing this? My bet - you are a real great firm that wants to add value to your service. With public work, a good intention that goes bad can cause you all future work. Why put your firm on the line for a (sub)contractor that wants to cut corners by having you do something he should be doing? That could be the same contractor that will cut corners on your project.
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Phillip Dye AIA
Vice President
Larsen Dye Associates Architects
Irving TX
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Original Message:
Sent: 10-10-2011 16:00
From: Kevin Robinson
Subject: Deposits for Bidding Documents
This message has been cross posted to the following Discussion Forums: Project Delivery and Small Project Practitioners .
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I live in a rural part of the southwest and as such, don't have convenient access to a reprographics house (closest is 100 miles away). My question is: can the architect take the deposit for bidding documents? My typical clients are local gov't agencies and it's easier for me to administer these kinds of things for them. I do issue plans and spec's electronically, but also encounter local contractors who are not comfortable with this method.
I haven't seen anything statutorily that addresses this issue, thanks in advance for anyone's comments/advice...
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Kevin Robinson, AIA, LEED AP
Principal
Architecture'Workshop LLC
Silver City NM
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