During the bid preparation process, a contractor discovers a significant discrepancy in the project drawings. What is the most appropriate action?
Correct Answer
A) Request clarification from the owner or architect before bid submission
Requesting clarification ensures all bidders have the same information and prevents costly assumptions or change orders later in the project.
Why This Is the Correct Answer
Requesting clarification from the owner or architect before bid submission is the professionally and contractually correct response to a drawing discrepancy. It ensures all bidders are working from identical information, maintaining a level competitive playing field. More importantly, it eliminates ambiguity that would otherwise force the contractor to guess scope, risking either a too-low bid that loses money or a too-high bid that loses the project. Clarification also creates a documented record that protects the contractor from future change order disputes arising from the original discrepancy.
Why the Other Options Are Wrong
Option B: Submit the bid based on the most conservative interpretation
Bidding on the most conservative interpretation may protect against scope under-estimation but still carries risk if the interpretation differs from the owner's intent. It also puts the contractor at a competitive disadvantage if rivals interpret the discrepancy more liberally, and it does not resolve the underlying ambiguity that could cause disputes during construction.
Option C: Submit the bid with written assumptions about the discrepancy
Submitting a bid with written assumptions shifts risk to the contractor rather than resolving the discrepancy. If the owner disagrees with the assumptions at contract execution, the contractor may be bound to unfavorable terms or face disputes. Written assumptions in a bid are not a substitute for official clarification through addendum.
Option D: Include a contingency amount to cover potential issues
Adding a contingency amount hides the problem rather than solving it. The contingency may not accurately cover the actual cost of the discrepancy, and the owner receives no notification of the issue. This approach can also erode trust if the contingency is discovered during scope review.
Memory Technique
When in doubt, CALL IT OUT — discrepancies discovered during bidding must be called out to the architect/owner before you submit, not buried in assumptions.
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