While many of the issues faced by private owners and public owners are similar in nature,
the principal difference is that public owners are guided by statutes, primarily the Public Bid law1
and Public Contracts law.2 This statutory scheme may limit how public owners approach contracts, the selection of contractors, and work as it progresses. Although there are some limitations, generally, private contracts are governed by the negotiations between parties. Since other portions of the seminar will address topics such as the Private Works Act, licensing requirements, and insurance in depth, this paper will focus on things to consider when representing a private owner on a commercial project from commencement of the process until completion of the Project.