What bidders must tell your board in writing, and what happens if they do not.
The short answer
An architect or engineer bidding on a milestone inspection must disclose in writing any intent to bid on the repairs it may recommend, and a design professional or chapter 489 contractor bidding on those repairs may not have an undisclosed interest in the inspection firm or be an undisclosed relative of someone who does. Undisclosed contracts are voidable. The same rules apply to SIRS bids (s. 553.899(12); s. 718.112(2)(g)3.b).
[1][2]Last updated 28 October 2026. General information, not legal or engineering advice.
What must be disclosed, and by whom?
| Who | What they must disclose | Source |
|---|---|---|
| Architect or engineer bidding on a milestone inspection | Intent to bid on any maintenance, repair or replacement the inspection may recommend | s. 553.899(12) |
| Design professional or ch. 489 contractor bidding on milestone repairs | Any direct or indirect interest in the inspection firm, or being a relative of someone with one | s. 553.899(12) |
| Design professional or ch. 489 contractor bidding on a SIRS | Intent to bid on related maintenance, repair or replacement | s. 718.112(2)(g)3.b |
| Bidders on work recommended by a SIRS | Any interest in the firm that performed the SIRS, or being a relative of someone with one | s. 718.112(2)(g)3.b |
What happens if a bidder does not disclose?
- The contract is voidable and terminates when the association files a written notice terminating it.
- The professional or contractor may be disciplined under the practice act for their profession.
- "Relative" means within the third degree of consanguinity by blood or marriage.
A simple board checklist
- Ask for the disclosures in the RFP, not after selection.
- Keep each disclosure with the minutes of the meeting that approved the contract.
- Ask repair bidders the relative question in writing, too.
- If a disclosure arrives late, ask the association attorney before signing.
How we handle disclosures
When we arrange an inspection, a study or repair bids, we ask every professional and contractor for the written disclosures the statute requires and pass them to the board with the proposal.
Frequently asked questions
Can the inspecting engineer also design our repairs?
The law does not ban it, but the architect or engineer must disclose in writing, when bidding on the inspection, any intent to bid on the repair, maintenance or replacement work it may recommend.
Who counts as a relative?
A relative within the third degree of consanguinity by blood or marriage.
What if a contractor did not disclose?
The contract is voidable and terminates when the association files a written notice terminating it, and the professional or contractor may face discipline under their practice act.
Want bids with the disclosures already collected?
We line up the professionals and contractors and hand the board the paperwork with each proposal.
Sources
- s. 553.899, Florida Statutes, Online Sunshine, Florida Legislature. Accessed October 28, 2026.
- s. 718.112, Florida Statutes (2026): Bylaws, including (2)(f) budget and reserves, (2)(g) SIRS, (2)(h) milestone inspections, The Florida Senate. Accessed October 28, 2026.
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