Under which circumstance might a construction manager's response to an RFP not be considered an offer?

A construction manager's response to a Request for Proposal (RFP) may not be considered an offer if it is vague, lacks significant details, or is not aligned with the owner's requirements. Each of these factors contributes to the clarity and intent necessary for a proposal to be considered a legitimate offer.

When a proposal is vague, it may not express a clear intention to enter into a contract, which is crucial for an offer. Vague terms can lead to misunderstandings about the scope of work, pricing, timelines, and responsibilities. This uncertainty undermines the proposal's effectiveness and its ability to be legally binding.

A response that lacks significant details cannot adequately inform the owner of what the construction manager proposes. Important elements such as project cost, timeline, and specific services need to be well-defined. Without these details, the owner cannot assess the proposal properly, and thus it fails to satisfy the criteria of an offer.

Additionally, if a proposal is not aligned with the owner’s requirements, it indicates that the construction manager has not fully understood or addressed the project specifications. This misalignment means that the proposal may not meet the necessary criteria laid out in the RFP, concluding that there is no true agreement formed under the terms requested by the owner.

Thus,