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CarolR11 (Colorado)
Posts: 2,563
Posted:
Our two 25-story high rise towers need caulking replaced around all of the windows on the south elevations (sides). This'll be done with settlement funds from construction defect litigation against our developer. Leaks from the inadequate caulking has caused damage to about 20 units from minor to more extensive.

Our expert consultant, "Mr. A.," a construction contractor who advised us and our attorneys regarding estimated reconstruction costs during litigation, put together a prototype for one area. The work was done, It was water-tested, etc.,and was successful.

Our PM, Mr. A., and our litigation attorney (who actually has a great deal of expertise in window leaks) crafted a Bid Scope that along with the prototype results went to three firms, including Mr. A's firm. The three bids we received are identical regarding the methods and products to be used in the repairs. The only difference is pricing. The board will interview these vendors and select one.

Now, all of a sudden, our board VP, who negotiated contracts for a major public entity before his retirement, asserts that we need another opinion about the proposed repair method from an "expert" in the field. It cannot, of course, be Mr. A. The VP' argument is that w will not be practicing due diligence without an additional expert opinion. A new consultant, unfamiliar with our buildings, would want to review the building drawings, the litigation materials, go down the side of the building on a swing stage, etc. etc. This would cost us at least $2000. it would delay the repairs, and I'm concerned we wouldn't have the work done before the "rainy season" begins.

I argue that we have enough information from knowledgeable folks to approve a vendor.

How much expert advice do we need to practice our due diligence???
PetunkaM (Florida)
Posts: 1,009
Posted:
Carol,
the board should vote to resolve this issue. VP has only one voice. Right?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
After years of dealing and negotiating with contractors/vendors, I can see where the VP is coming from. They feel your only see "Mr. A's" point of view with the other bidder's falling suit to his vision. That sends up a red-flag to me. Contractors sometimes sub-contract. Those sub-contractors could be the very one's on the other bids...

I like the saying "there is more ways to skin a cat..." When dealing with contractors ALWAYS remember that. I suggest doing your own research on the issu. This Old House has an excellent site on giving advice in this area. It's a good thing to have a bit of information than having it fed to you.

It's probably because I am a woman...but learned it's a good idea to get familiar with contractor language before hiring a contractor. I think the VP is following that advice. Believe me, if you don't get atleast another "vision" of the project you really don't know which way to go with the project. Plus, the estimate should be free...

Former HOA President
BradP (Kansas)
Posts: 2,640
Posted:
also after years of dealing with construction vendors I can tell you the other two firms would not have bid if they did not believe the proposed solution would work. The reason they would not have bid is because they are liable for their work and if it didn't accomplish the objective that would get messy. Contractors can only subcontract with the approval of the owner, they can't farm out work without approval.

I don't see a reason to revisit the issue if MR. A is a professional in his field. but that is why you have a more than one person board.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Three bids: enough

Lots of recommendations and satisfied customers: never enough

Move on and get additional information from past customers of these three bidders, then make your decision.

CarolR11 (Colorado)
Posts: 2,563
Posted:
Yes, if the VP pushes for this--so far he's only argued his point informally to me--we'll have to decide at a board meeting.

Brad is correct. The selected vendor will certainly do satisfactory work. All three are well respected in this area, and our HOA has engaged each of them for various projects over the past few years with good results.

In addition, this is not a complex project. The proposals are easily understood by laypeople. I'm going to encourage our VP to focus on what he does best--the business aspects of the contracts, i.e., terms, conditions, etc.

Thank you all very much!!

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