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2002, Trade International, Inc. All Rights Reserved. |
NEGOTIATING CONTRACTS IN THE U.S.A.
By: Jeffrey Matthews
It is always important to note with whom you are dealing in contracts.
It used to be very simple to know that the buyer was a contractor/installer.
Today, however, with everyone trying to save money, the buyer could
be the owner, the general contractor, the architect/designer, an importer,
a distributor, or even an agent. In this article we will assume the
buyer is the contractor/installer.
There are several phases in the bidding process. Many times initial
bidding requests are for purposes of investigation and pricing only.
Thus, there is no intent to buy the stone. The purpose is to estimate
the job's cost, including alternative material costing. Many times
there are not complete plans on the job or many details are missing.
These speculative bids are common. The evaluation of this costing
is then presented to the owner to study whether or not it is within
budget and affordable overall. Many times the job allows other materials
for comparison, wood flooring, stone, ceramic, or carpeting. After
further investigation the job is then redesigned. Sometimes value
engineering is required, and the job will be out for bid again in
several months. Value engineering means that they are going to study
the costs and see what can be done to cut costs in various areas
with a subcontractor's input. Therefore, it is important that you
ask questions when bidding such a job and try to understand the
situation. Perhaps you can offer a voluntary alternate, a suggestion
on how to cut costs. You should be prepared to follow up at a later
date and keep abreast of this job and its progression.
When an architect has selected a stone, he normally has not investigated
all the costs attributed to this stone. He uses general numbers
that have been supplied to estimate budgets for the owner on what
previous jobs have cost or what it should run based on a sales representative
number for the stone. However, there are many variables to consider.
What is the current exchange rate for the stone being bought? When
will the stone be needed? Many times you can bid a job today, but
the stone will not be needed for a year or more. What thickness,
size, and finish of stone are required and how does that affect
the estimated costs originally given the architect? The architect
may have been given a budget cost on 30cm x 30cm x 2cm honed, and
the job now requires fifteen other sizes, some parts honed while
others are flamed or textured finish. What is the installation method
and what costing was allowed for this? Whether the job is interior/exterior
or floors/walls will affect the costs. It is important before giving
out estimated costs that the architect give all proper information
to the right parties to get the right estimates. So many times this
is not the case, and the job is over budget. The job may require
some cutting at the job site, or the stone may require repair if
it arrived damaged. Too many times all parties concerned are not
knowledgeable of the stone and the problems that may occur. Architects
and contractors may treat the job like ceramic tile and pray there
are no hidden problems that may arise.
The normal bid process follows several stages. The architect and
owner may select a general contractor or may put the bid out for
general contractors to bid. Each general contractor will have a
select group of subcontractors or installers he will request bids
from in order to take their lowest bid. A typical job may have as
many as ten general contractors bidding and, in turn, thirty subcontractors
bidding it. These subcontractors may be ceramic tile setters, marble
setters, mason contractors. etc. Generally, the lowest bidder will
get the job. There are variables to this that must be considered,
such as:
1. Was a specific stone and supplier specified in the bid documents?
If you were that supplier, you will stand a better chance of getting
the job. However, you must know whether or not the architect controls
this with the general contractors and subcontractors. Many times
there is no control, and the supplier will be shopped for lower
prices. In certain states general contractors will take the supplier's
name off the bid documents to the subcontractors as they do not
allow lock or closed bids for competitive reasons. In these situations,
the general contractor may demand similar stones be quoted to lower
the cost whether the architect agrees or not. One ploy that many
suppliers use is to change the name of the stone in order to make
it harder for others to bid the job easily.
2. Was an alternate stone specified or are alternates allowed
either by demand or voluntarily? Many times the suppliers can offer
other suggestions to lower the costs and make their bids more competitive.
If in doubt, offer alternates voluntarily. Perhaps you can state
"if done in this recommended size or thickness, the cost could be
lowered to . . . ." Is there another stone similar to what the architect
or buyer wants that may be less expensive?
3. When will the stone be required for the job? Some jobs are
fast track, meaning stone will be needed within 90 days or less.
Other jobs require shop drawings, sample submissions, and mock ups
for approval, so the time could be nine months to a year or longer
before the job requires stone. This can affect any supplier's costs.
Immediately on receipt of the request for a bid, ask the buyer questions
about the job. The more you know, the better. The supplier should
know that the stone may not be required for one year, what his labor
costs are, whether ocean freight will be rising in that period,
and what potential exchange rates are. In order not to raise costs,
he may offer to purchase the stone in advance and store it.
4. What terms of payment are you offering? Many buyers require
open account or payment terms, and others are willing to pay by
letter of credit but want 60 day terms. Everyone is trying not to
use his own money to finance this job. The typical contractor is
not paid until after installation and this could take months. Always
qualify your bid with payment terms at the time of bidding so no
misunderstandings are made. This many times requires the supplier
know to whom he is bidding and the credit worthiness of the buyer.
Offering qualified buyers incentive terms of payment many help a
supplier get the job. The mentality with buyers is they do not like
to work with letters of credit. There are other secure methods of
payment that could be negotiated.
5. It is important to advise the buyer of the lead times required
to supply the stone as this may push the buyer to purchase sooner.
Many problems have occurred because when the buyer was ready to
purchase, there was not enough time to make it and bring in onto
the job site, so another stone will be used or none at all. Always
qualify this at the time of bidding. If you can offer a quicker
lead time or better availability of the stone, you may improve your
chance of getting the order.
6. Advise the buyer of potential problems with the stone and variations.
This should never be taken for granted. The buyers or the architects
may not know the variations as the stone was selected from a 10cm
square sample. If there is to be variation, explain this verbally
and in writing as best you can with color descriptions, veining,
shading, spotting, pits or holes, seams or cracks, etc. Many jobs
have been lost because no one knew of the problems or variations.
7. Know your buyer. The best result of successful bidding is to
know whom you are dealing with. Having a relationship with the buyer
and knowing how he works is important. As well, you should know
the job and know who the players are before bidding it. Many jobs
have been lost because the supplier depended on an importer or a
contractor only to find out the general contractor was not the low
bidder that his contact was working with, and he lost the job because
he did not quote other parties. How much profit each buyer puts
on the stone may vary from 15% to 30% or more. Jobs are lost not
because your price was high but because your buyer's price was high.
Those who are aggressive normally will have a higher success rate
of getting contracts.
8. Know the selection and variation the architect is willing to
accept. Jobs are won and lost on this point. Some jobs are specified
as a general term, such as "Rosa Porrinho," but do not state which
quarry or which selection, light, medium, or dark or whether seconds
are allowed. Prices can vary from supplier to supplier based on
this. The variation in price can be as much as 35%. If in doubt,
qualify your bid and give the lowest price but state your selection.
Most times the buyer will use your price and qualify his bid to
show this selection. It is usually understood by all buyers that
they will receive first quality stone, but this is usually a terminology
that applies to workmanship and not selection. Not all buyers understand
the stone and the selection, and it is the supplier's job to tell
them what they are quoting at the time of the bid.
9. Follow up on the job. Set time frames for when you will fax
or call or visit the buyers and see what it is that they require
to get or close the job. The mentality in the U.S. is persistence
and service. People like to know that a supplier will support them
and react quickly. When a bid is requested, respond the next day
with a price.
The bidding process is very quick. Typically the architects will
release the drawings to the general contractors and advise them
they have two weeks or one month to make their proposals. Then the
general contractors release these drawings, with a fee, to a potential
subcontractor. These subcontractors have to go through a mountain
of paper work to do a take off of the job and estimate the work
to be done. This may take a week or two. They are then in a position
to ask the suppliers for a quote. This may only allow the suppliers
two days or so to respond with prices.
On the bid date give your prices to the subcontractors in the
morning. Buyers ask for prices for the previous day but many times
do not receive them until the morning of the bid day. Some general
contractors will have favored subcontractors with whom they are
confidential and show them other bids in hopes they will lower their
bid and give them an advantage over others. After the general contractor
is selected, usually because he has the lower price, everyone waits
for the contracts to be signed assuming no changes in design are
made. This process may take months before final negotiations of
the subcontractors will take place. The general contractors may
start again shopping the subcontractors to see how they can improve
their profit on this job. The subcontractors may start shopping
their suppliers to lower prices. Everyone starts negotiations. Even
alternates to the stone specified may be studied. Usually within
two weeks of the bid date the buyer can find out who was the successful
low general contractor and whether his price to that general contractor
was low enough to have a chance of getting this job.
Some suppliers have tried to bypass this process and go directly
to the general contractor or the owner to see if they can cut someone
out and save the owner money by buying directly from the supplier.
This may sometimes work or may upset your relationships with the
subcontractors. Everyone must make this decision sooner or later
and know again who the players are.
It is always helpful for the suppliers to promote their products
through architectural representatives directly to the architect.
The selection process for the stone is important and allows the
supplier to have advance notice of bids and to know the job and
other information that his competitors may not know. Inviting architects
to visit your quarry or facilities and help pay some of their expenses
is always a good idea. It is an investment in the future.
Offering technical data on the stone and supplier qualifications
is always helpful. Offer A.S.T.M. test data on your stone. Show
the buyer how much better your stone is than an alternate stone
being considered. Know the application for the stone and assure
the buyer your stone will be suitable for the use specified. A supplier
must constantly sell himself to buyers and show they are qualified
to supply jobs, especially those more difficult than the customary
60 cm square pavers. A supplier should always have a form pre-prepared
to fax or mail out with his bid showing expertise, testing of the
stone, jobs done similar to the one being quoted, how he controls
this stone, if possible, or any other selling points that will distinguish
him from other bidders.
Finally, be prepared in advance to offer the buyer a discount.
All buyers like to know they can negotiate and get lower prices
and assistance from their suppliers. The successful suppliers will
offer the buyer 5% or 10% or more when requested to help get the
job even though this discount may have been built into the price
at the time of quoting. Recently with the devaluation of the peseta
by Spain at 8%, many suppliers faxed immediately and told perspective
buyers of this opportunity which effectively lowered the costs and
made it affordable for all parties concerned.
Contractors come in all shapes, sizes, and mentalities. The game
of bidding a job and getting the job can be quite complicated as
there are so many players and different types of people. What works
in western Canada may not work in New York or Atlanta and is completely
different for Mexico. Communication is most important and knowing
the game and the players will help you win in negotiations.
|
Last Modified
on: February, 2002 |