---
title: "Review tender and procurement documents for risk allocation"
url: "https://ailawframework.com/practice/construction-and-infrastructure/review-tender-and-procurement-documents-for-risk-allocation/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A11-T1-R9-US"
practice_area: "Construction & Infrastructure"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Review tender and procurement documents for risk allocation

> From the invitation, the draft contract, and the bond form in the file, list who carries delay, defects, payment security, and changes, quoting the clause. Do not recommend a bid price.

Canonical page: https://ailawframework.com/practice/construction-and-infrastructure/review-tender-and-procurement-documents-for-risk-allocation/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Construction & Infrastructure](https://ailawframework.com/practice/construction-and-infrastructure.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the invitation, the draft contract, and the bond form in the file, list who carries delay, defects, payment security, and changes, quoting the clause. Do not recommend a bid price. |
| What the lawyer must review | On a federal public building or work, 40 U.S.C. § 3131 is the bond requirement and § 3133 is the claimant’s right of action on the payment bond, including the 90-day and one-year periods that section states. 31 U.S.C. § 3905 requires an agency construction contract to flow down a 7-day subcontract payment clause and an interest-penalty clause, and it states that a payment dispute between contractor and subcontractor is not a dispute to which the United States is a party. Formal Opinion 512: the lawyer checks the table before it is used in a bid qualification. |
| Written for | United States |
| Applies to | [Review tender and procurement documents for risk allocation](https://ailawframework.com/practice/construction-and-infrastructure/review-tender-and-procurement-documents-for-risk-allocation.md) |

## Checking plan

- What the AI does: From the invitation, the draft contract, and the bond form in the file, list who carries delay, defects, payment security, and changes, quoting the clause. Do not recommend a bid price.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- A state or private tender is governed by its own documents and by state procurement and lien statutes, which were not opened.
- The table does not score risk. The lawyer decides what to qualify.

## Sources

- [40 U.S.C. § 3131, Bonds of contractors of public buildings or works](https://www.law.cornell.edu/uscode/text/40/3131) (checked 2026-10-22)
- [40 U.S.C. § 3133, Miller Act rights of persons furnishing labor or material](https://www.law.cornell.edu/uscode/text/40/3133) (checked 2026-10-22)
- [31 U.S.C. § 3905, payment provisions relating to construction contracts](https://www.law.cornell.edu/uscode/text/31/3905) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*