Tools for Ensuring Contractor Performance on Public Construction Projects

Jul 8, 2015, 17:28 PM
These educational activities meet UPPCC’s criteria for 'Continuing Education – Non-Accredited'

Tools for Ensuring Contractor Performance on Public Construction Projects

Duration: 1-Day Course

**Check the Course Catalog for required attendee minimums

Contact hours: 8 hours

Instructor: Mike Purdy

Search the Course Schedule for a course near you.

1 day courses:

Standard pricing:

Institute Members - $305

Non-Members - $405

** Receive a $25 early registration discount by registering 60 or more days in advance of the course.  A late fee of $50 will be assessed for those registrations received within 30 days of the course.


General Description

Awarding to the low bidder on a public construction project means the public agency gets the lowest price and the best deal for the taxpayers. Right? Or does it? There are many challenges with ensuring effective contractor performance on low bid projects. So are public agencies at the mercy of unscrupulous and less than qualified contractors? Fortunately, there are a number of tools available that can help protect public agencies on public construction projects. In this course, we will examine a host of key practices, protections, and strategies that help protect the public’s interests and provide leverage to help ensure the contractor performs satisfactorily. This course complements When Bad Things Happen to Bids: Strategies for Ensuring a Successful Public Construction Project and Best Practices in Developing Public Construction Bid Documents.


Intended Audience

General Audience





Course Objective and Intended Outcomes

Upon successful completion of this course participants will be able to:
  • Identify the protection offered by various types of surety bonds and how to obtain maximum protection from them
  • Structure bidder responsibility criteria in order to limit the chance of an unqualified contractor being awarded the project
  • Articulate the key components of a contractor performance evaluation program that can be used to find a low bidder not a responsible contractor
  • Write addenda to the bid documents that are clear and easily understood by bidders
  • Identify key costs that may be included in an agency’s establishment of a daily liquidated damages amount


Course Outline

Is the Contractor Qualified?

  • Pre-qualify Bidders
  • Establish Bidder Responsibility Criteria
  • Specification Qualification Requirements
  • Subcontractor Approval Process

How Can You Manage the Bidding Process?

  • Develop Clear Bidding Documents
  • Optional vs. Mandatory Pre-Bid Meetings
  • Craft Clear Addenda
  • Accept Bidder’s Claim of Error

How Can Bonding Companies Help?

  • Bid Bonds and Other Bid Guaranties
  • Performance Bonds
  • Payment Bonds
  • Warranty Bonds

What Financial Tools Are at Your Disposal?

  • Withhold Retainage
  • Determine and Assess Liquidated Damages
  • Assess Actual Damages
  • Obtain Release of Claims Prior to Payments

What Are Effective Construction Management Practices?

  • Avoid Front-Loaded Schedule of Values
  • Inspect Work Performed
  • Review Pay Applications for Work Completed
  • Manage Claims Process
  • Control Change Orders Approved

Can You Evaluate Contractor Performance?

  • Features of Effective Contractor Performance Evaluation Programs
  • Using Results from Contractor Evaluations

When Can You Award Based on Price and Qualifications?

  • Best Value Procurement
  • Design-Build
  • Construction Manager at Risk
  • Job Order Contracting


NIGP Course Cancellation Policy

Registration and payment must be received 30 days prior to the seminar start date. After this time, registrations will be based on space availability.  A full refund, less a $75 administrative fee will be given for cancellations made in writing 31+ days prior to the seminar date by emailing No refunds are given for cancellations received within 30 days of the seminar start date. There are no refunds for no-shows. If the seminar is cancelled for any reason, NIGP's liability is limited to the registration fee only.

Attendee substitutions within the same agency may be done at any time with email notification to NIGP. If attending via scholarship, please provide documentation verifying the scholarship issuer’s name and contact information in lieu of payment information.

  • Construction
  • Performance Management, Measurement & Metrics
  • Courses
Back to Top