When owner-provided plans reveal a code violation and the owner refuses to remedy, what is the prudent course of action before bidding?

When owner-provided plans reveal a code violation and the owner refuses to remedy, what is the prudent course of action before bidding?

• A. Submit the bid and note the issue
• B. Proceed with the job to meet the deadline
• C. Decline to bid on the work
• D. Seek a cure through arbitration

Answer: (C)

If owner-provided plans show a code violation and the owner won’t fix it, the wise move before bidding is to decline to bid. Entering a bid on work that already doesn’t meet code ties you to illegal or unsafe construction, and exposes you to penalties, enforcement actions, and license risk. You can’t guarantee compliance or safely proceed if the plans are noncompliant, so committing to perform that work could create liability for you as well as the client. Instead, clearly communicate in writing that the project cannot be bid as-is due to code violations and that you’re willing to re-bid once the plans are corrected to meet current codes. If the owner corrects the plans or brings them up to code, you can review the updated plans and submit a new bid. You can also offer to help identify what needs to be changed so the project can achieve compliance, possibly involving the architect or engineer to revise the plans. This keeps you out of risky, noncompliant work and protects your license and reputation.

If owner-provided plans show a code violation and the owner won’t fix it, the wise move before bidding is to decline to bid. Entering a bid on work that already doesn’t meet code ties you to illegal or unsafe construction, and exposes you to penalties, enforcement actions, and license risk. You can’t guarantee compliance or safely proceed if the plans are noncompliant, so committing to perform that work could create liability for you as well as the client.

Instead, clearly communicate in writing that the project cannot be bid as-is due to code violations and that you’re willing to re-bid once the plans are corrected to meet current codes. If the owner corrects the plans or brings them up to code, you can review the updated plans and submit a new bid. You can also offer to help identify what needs to be changed so the project can achieve compliance, possibly involving the architect or engineer to revise the plans. This keeps you out of risky, noncompliant work and protects your license and reputation.