Our Attorneys Assist Commercial Businesses With Municipal Law
Serving Goshen, Poughkeepsie, Peekskill, Middletown and the surrounding Hudson Valley area
Government contracts are the lifeblood of municipal improvement projects, and provide a secure, steady form of income to many businesses throughout the Hudson Valley. However, both the municipality and the company must follow certain strict federal, state and local laws regarding bidding.
Burke, Miele, Golden & Naughton, LLP has represented businesses and the governments of Orange County and Rockland County and the surrounding Hudson Valley municipalities in contract issues since 1978. Our legal team assesses adherence to the bidding process regarding fiscal, land use development, zoning and planning, and other relevant statutes, and represents governments, businesses, and individuals in resolving disputes that may arise.
Representing government agencies
The bidding process is intended to promote fairness when awarding construction contracts and procuring goods for government agencies. New York laws and local ordinances govern each stage of the process for:
- Invitation for bids (IFB) — When the choice of the contractor or vendor is required to be based solely on the lowest, responsible, responsive bid.
- Request for proposals (RFP) — When the decision to award a contract is allowed to involve other factors – in addition to price – in order to achieve the best value for the government. An RFP is usually reserved for such contracts as professional services or other specialized services requiring technical expertise.
Our municipal lawyers can help your municipality initiate and keep the process moving along as quickly as possible, while remaining in compliance with the laws on matters such as:
- Establishing specifications for the construction project or goods procurement
- Preparing solicitation documents that describe criteria and standards
- Advertising for the procurement or construction contract opportunity
- Site visits and conducting pre-bid conferences to open communications with potential bidders
- Collecting bids or proposals
- Conducting administrative review of the bids or proposals to ascertain adherence to rules and viability of completion
- Recommending awards based on the criteria established in the IFB or RFP, and other legal requirements
- Obtaining approvals from appropriate state or local offices
Challenging the bidding process and contract performance
Irregularities in the bidding process affect credibility and impartiality, often resulting in disputes between the bidder and the municipality. After signing a contract, various disputes may arise that must be addressed and resolved quickly to avoid later costly litigation, such as:
- Breach of contract
- Nonperformance under the contract
- Design defects in the product procured by bid, or the specifications in the bid
- Delays in the performance of the work, and associated liquidated damages and performance bond issues
- Differing site conditions
Consult with our municipal law attorneys in Goshen, NY
Burke, Miele, Golden & Naughton, LLP advises municipalities and the companies that do business with them about bidding procedures, government contracts, and construction related litigation. Schedule your first-time free appointment at our Goshen or New City office today. Call our firm at 845-294-4080 or contact us online. We provide free parking, and public transportation is available near both offices.