1. Procurement

  1. Roger Knowles FRICS, FCIArb, FQSi, Barrister

Published Online: 14 FEB 2012

DOI: 10.1002/9781118257050.ch1

200 Contractual Problems and their Solutions, Third Edition

200 Contractual Problems and their Solutions, Third Edition

How to Cite

Knowles, R. (2012) Procurement, in 200 Contractual Problems and their Solutions, Third Edition, Wiley-Blackwell, Oxford, UK. doi: 10.1002/9781118257050.ch1

Publication History

  1. Published Online: 14 FEB 2012
  2. Published Print: 15 FEB 2012

ISBN Information

Print ISBN: 9780470658314

Online ISBN: 9781118257050



  • procurement;
  • construction industry;
  • entire contracts, not being the norm;
  • partnering relationships;
  • ‘Subject to Contract’;
  • two-stage tendering, of schemes;
  • collateral agreement;
  • right of action, in fraudulent misrepresentation;
  • interpreting contracts;
  • management contracting


This chapter contains sections titled:

  • What are ‘entire contracts’ and how relevant are they in the construction industry?

  • Do projects where the parties enter into partnership arrangements require a formal contract to be agreed?

  • What is the effect of an agreement to undertake work which is expressed as being ‘Subject to Contract’?

  • What is Two-Stage Tendering and how does it operate?

  • Where tender enquiry documents indicate that an established procedure for selecting contractors will apply, but the employer does not follow the procedure, will an unsuccessful party be entitled to claim damages from the employer?

  • What liability does a tendering contractor have who in its bid names key personnel to be employed on the project, but when work commences replaces some of the named personnel?

  • Can a contract which is freely entered into by the parties not be enforced on the grounds that the effect would be commercial nonsense?

  • Can an architect or engineer be held to have acted negligently for advising a client to use a procurement method which is inappropriate for the project concerned?

  • Where an unsuccessful tenderer is prevented from adjusting its tender after it has been submitted but before the deadline for submission of tenders has arrived, is the tenderer entitled to compensation?

  • What is the difference between Management Contracting and Construction Management?

  • A public sector project is advertised and tenders invited. Within the advertisement, it is stated that selection will be on the basis of the most advantageous submission. After tenders have been submitted, selection is made employing an evaluation method which has not been revealed to the tenderers. Would the unsuccessful tenderers have any entitlement to compensation and on what basis?