With the passing of the Infrastructure Investment and Jobs Act (IIJA), there will continue to be a significant influx of federal money in the infrastructure market in New England. There is a lot of work to be done repairing roads and bridges, as well as civil work and vertical work. For contractors entering the public space, here are four things that need special consideration.

1. Public contracts involve public bidding and there are rules and regulations that govern how bids are submitted and reviewed. These requirements must be followed strictly.
2. There is limited opportunity to negotiate a public contract’s terms and conditions. As such, contractors need to be aware of the specific provisions in the contract that deal with changes orders, unforeseen site conditions, and schedule extensions.
3. Contractors must follow these provisions to the letter if they want to reserve their right to recover or get a schedule extension.
4. In public construction, there is also additional scrutiny on cost and claim submissions. Because the False Claim Act applies in the public sector contractors have to be very careful with cost accounting and how those claims are submitted.

If you are entering public construction, connect with your industry associations to learn from others. It is also very important to retain trusted, experienced construction counsel who can help you navigate this new opportunity.