b'Contractor Congratulations!You have just learned thatetc.). The terms and provisions in the written you are the successful bidder to install a roof contract spell out rights and responsibilities of ing system on a large warehouse scheduled forthe parties to the contract and provide remeconstruction this summer. Once the high-fivesdies in the event of default by a party to the "happens next?Toanswer this, look at whatDo\'s AND and celebrations in your office are over, whatcontract.DoN\'TSCONCERNING THEJoe ahas happened so far.CONTRACT: What does it mean if you are the successful0DOupdate your company\'s bid proposal bidder?By bidding, you made an offer to perform specified work subject to various termsform by adding the provisions in MRCA\'s recI:and conditions. In all likelihood, this was accom ommended proposal forms (Form 1994E for replished by means of a written bid proposal youroofing and Form 1994F for new construction) 0delivered to the successful general contractor.to your present form. Particularly in the context uHow did you learn you were the successful bid of re-roofing, there is a good chance your bid der?Did the general contractor accept yourproposal form will become the job contract. offer by signing and returning a copy ofbidDOread the fine print in any contract preyour~ proposal form?If this is the case, yoursented to you forsignature, and better bid pro your posal form has become the roofing contract foryet, have yourthe document attorney review this job. More likely, you learned that your bidand point out any needed modifications or was successful when you received a printed,changes before it is acceptable forsignayour multi-page contract from the general contractorture. with your name and address typed in, together@)DON\'Tsign a general contractor\'s form with the dollar amount of your bid. From a legalwithout first reading it and / or having it restandpoint, the general contractor has not ac viewed by your attorney. cepted your bid proposal, but rather, has made6DOexamine bid documents for the job a counteroffer to you. The dollar amount is theyou are bidding to determine ifof sub the form same, but the other terms and conditions arecontract which will be used is specified. different-ifcopy of@DOspecify in your bid that the terms and you sign and return ahis printed form, you have agreed to his counterof conditions in your bid will be incorporated by fer and to the terms and conditions in his docu reference into the written contract for that job, ment. On a scale ofto 10, with 10 beingwith such terms and conditions to take precezero the best, from your standpoint, the general\'sdence over any conflicting or inconsistent acceptance of your bid by signing and returningCON ON PAGEl 0 TINUED BY MRCALEGALCOUNSELyour proposal form earns a 10, and your acceptance of his counteroffer by signing and returnJIM WHITTIERing his contract form is a zero. Why even worry about a written contract for this roofing job?Why not simply get together a beer wforith the general contractor, shake hands, and get on with it?In many cases, a handshake agreement would be fine. Think of all the jobs you have had where no one (you, the general, the owner) has looked at the fine print in the job contract. When jobs go well with no problems, the fine print in a job contract is never needed. In many respects, a lawyer\'s job is to anticipate problems and to provide remedies. It is the job with problems where you look to the terms and provisions of the written contract (the job where you don\'t get paid or where leaks occur because of damage to the membrane after you have completed installation, MR October 95'