Legal

What is bid shopping in construction?

Bid shopping is when a general contractor, usually after winning a job, discloses one subcontractor's price to other subcontractors to pressure them into beating it, instead of awarding the work to the sub whose number was used in the bid.

Two construction professionals review paper plans beside a tablet at a jobsite workbench.
Plan reviews connect field conditions, drawings, and the next decisions on a job. AI-generated illustration.

Bid shopping happens when a general contractor carries a sub's price in its bid, wins the job, and then calls other subs saying, in effect, "I have drywall at $410,000, can you beat it?" The sub whose number won the job loses it, and the GC keeps the savings. Bid shopping before the bid is also common, as a way to drive numbers down on bid day.

Its cousin is bid peddling: a sub who lost, or never bid, offers to undercut the carried number after award. Both practices push prices below what the work costs and tend to end in change orders, defaults, or sloppy work.

Is bid shopping legal?

On most private work there is no law against it. It is a business ethics issue, and many trade groups and owners discourage it. Public work is different in several states. California's Subletting and Subcontracting Fair Practices Act requires a prime bidding public works to list each subcontractor whose work exceeds one-half of 1 percent of the prime's total bid (for streets, highways, and bridges, the greater of that or $10,000), along with the portion of work each will perform. Once listed, the prime generally cannot swap that sub without the agency's consent and a statutory reason. Other states and many public owners have their own listing rules, so check the bid documents.

How it plays out

Say an electrical sub bids $780,000 to three GCs on a public library. GC A carries it and wins. A week later, a competing electrical contractor calls A offering $745,000. Without a listing law, A could take the lower number. With one, A listed the first sub on the bid form, and replacing it would need approval for a reason the statute allows, not just a cheaper price.

Why shopped jobs go wrong
EffectWhat it looks like on site
Sub is underwater on priceMinimum crew, slow progress, aggressive change orders
Sub cuts scopeDisputes over what was included
Sub defaultsGC scrambles to replace mid-job, often at a higher cost
Best subs stop bidding the GCFewer and higher numbers on the next bid

How subs protect themselves

  • Keep a record of who you sent numbers to and when.
  • Send prices late enough to limit shopping before bid day, but with scope letters early.
  • On public jobs in listing states, make sure you were listed, and know the substitution rules.
  • Stop bidding GCs who shop numbers. Word spreads fast in a local market.
  • Read the subcontract carefully when a GC suddenly comes back asking for a "final number" after award.

Related terms

Bid shopping ties into buyout, sealed bids, and prequalification. Subs dealing with GCs should read how to build relationships with general contractors. Public work rules also link to state public works bidding basics.

Frequently asked questions

What is the difference between bid shopping and bid peddling?

Bid shopping is the GC showing one sub's price to others. Bid peddling is a sub offering to beat a number that another sub already gave.

Is bid shopping illegal?

Generally not on private work. Several states restrict it on public work through subcontractor listing laws that limit substitution after bid. Check the state statute and the bid documents.

Can a GC replace a listed subcontractor?

In states with listing laws, usually only with the public owner's consent and for reasons the statute allows, such as the sub refusing to sign or failing to provide a required bond.

How do I know if my bid is being shopped?

Signs include a GC asking for a lower number after award, other subs quoting your exact price, or long delays in sending your subcontract.

Sources

  1. Justia: California Public Contract Code Section 4104 (subcontractor listing)
Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

Get a free assessment