We counseled an architecture firm on the potential risks and rewards of responding to a Request for Proposal (RFP) for a stalled education project. The project, a partially completed building with existing weather damage and unfinished interiors, presented unique challenges. The original contractor had walked off the job, leading to a mortgage foreclosure lawsuit and partial judicial ownership transfer. After completing our “issue spotting” exercise, our advice centered on including in the RFP response suggested contract terms to address a dozen unique, project-specific issues. We assisted the client to pursue the project while emphasizing the need for thorough due diligence and contractual protections to mitigate the inherent risks of inheriting a complex, partially completed project.
