Is it a violation of ADA to require a prebid meeting including examination of the site if it is unaccessable? If example, if the project is a reroofing project and the only access is a ladder (no elevator or JLG), can the Owner and/or Architect REQUIRE that bidders see the existing conditions?
Kris:
The bidding requirements (BR) should not require anything beyond how the actual procedures for the bidding process and for any required forms. As far as site investigation, they can only “suggest” that something be done. The BR text usually says the the site is available for inspection. In some cases, like questionable subsurface conditions, may even permit bidders to perform soil borings at their cost. The BR should always, as a minimum, make the site available to every bidder prior to bidding. You are inviting a problem if the site is not available to all bidders in a timely manner.
Most General Conditions have text to the effect that by executing the Agreement, the bidder/Contractor has performed necessary site examinations and satisfied any questions and has included all necessary fees, materials, and services necessary to perform the work and that the conditions under which the work will be performed is acceptable and will not incur any additional charges to the Owner; excluding any completely unseen and unanticipated conditions.
I have seen many a roofing project bid using the windshield method. Rest assured, however, those bids will not be as competitive as a bidder willing to do his homework.
Finally, it is my understanding that ADA only applies to the General Public.