Let’s Build a Bridge

October 16, 2008

A friend in the contracting business received documents to prepare a bid to build a bridge.  See the following language from the Request for Bid package.  I’m betting this is how Alaska’s Bridge to Nowhere was conceived.

“Attached are the existing survey files, the existing digital terrain model, and the alignment files.  These files are provided as a courtesy and subject to disclaimer below, as noted in the Notice to Contractors included in the bid documents titled “NMDOT Design Plan Data Electronic File Requirements.”

‘Disclaimer:     Although the New Mexico Department of Transportation has made every effort to insure the accuracy of the information contained in the electronic files, the Department cannot guarantee that the information contained therein is error-free.  The Department hereby disclaims responsibility for any loss or damages of whatever nature occasioned by the use of or reliance on information in these electronic files that later is revealed to be inaccurate or obsolete.

‘If the Contractor elects to use this electronic information, the Contractor assumes full responsibility and waives any claim for loss or damages of whatever nature occasioned by the use of or reliance on the information contained in these electronic files.  In the event that a Contractor discovers that the electronic files are inconsistent with other information furnished by the Department or are otherwise inaccurate or obsolete, that Contractor shall immediately notify the Department in writing of such discrepancy, inaccuracy, or obsolescence, and shall obtain clarification from the Department before using or relying on these electronic files.  If a Contractor fails to immediately notify the Department of such discrepancy, inaccuracy, or obsolescence, then the Contractor shall be deemed to have waived any claim for loss or damages of whatever nature occasioned by the use of or reliance on the information contained in these electronic files.”


  1. Jeri says:

    I’m sorry, my eyes start to cross when I see legal language. 😀

  2. MyEye says:

    I should have added a one line explanation in non-legalese — in summary, it says “this information might not be correct, and if you rely on it when preparing a bid, and it’s wrong, the State isn’t responsible for your losses”.

  3. C-Myste says:

    Now I know why I became a number person instead of an attorney . . .

  4. “The State specifically disclaims any suggestion that it is competent to perform the functions typically performed by a State …”

  5. MyEye says:

    Chase says, Dennis, you are one smart Vizsla to figure that out. My Mom had to explain it to me.