2. Tenders and Bidding

  1. Roger Knowles FRICS, FCIArb, FQSi, Barrister

Published Online: 14 FEB 2012

DOI: 10.1002/9781118257050.ch2

200 Contractual Problems and their Solutions, Third Edition

200 Contractual Problems and their Solutions, Third Edition

How to Cite

Knowles, R. (2012) Tenders and Bidding, in 200 Contractual Problems and their Solutions, Third Edition, Wiley-Blackwell, Oxford, UK. doi: 10.1002/9781118257050.ch2

Publication History

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

ISBN Information

Print ISBN: 9780470658314

Online ISBN: 9781118257050

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Keywords:

  • tenders and bidding;
  • battle of the Forms;
  • JCT, ICE, FIDIC and NEC;
  • parties to a contract;
  • binding contract;
  • obligation, to make payments;
  • tenders, in correct form;
  • employer's agent, and liability

Summary

This chapter contains sections titled:

  • What is meant by the Battle of the Forms?

  • If a tender which contains an error is accepted in full knowledge of the error, has the tenderer any redress?

  • Where a contractor or subcontractor submits a tender with its own conditions of contract attached, which are neither accepted nor rejected, do these conditions apply if the work is allowed to proceed?

  • The submission of an unambiguous quotation which receives an unconditional acceptance can normally form the basis of a legally binding contract. If, following the commencement of work, a formal contract is signed which contains conditions which are at variance with those referred to in the quotation and acceptance, which of the competing conditions apply to the work: those in the signed formal contract, or those referred to in the offer and acceptance?

  • Where an employer includes with the tender enquiry documents a site survey which proves misleading, can this be the basis of a claim?

  • If, after tenders have been received, the employer decides not to proceed with the work, are there any circumstances under which the contractor/subcontractor can recover the costs associated with tendering or preparatory work, for which no instruction was given?

  • What is a tender contract and will it assist a contractor/subcontractor who submits a valid tender which is ignored in seeking compensation?

  • If an architect/engineer, acting as employer's agent in a Design and Construct contract, approves the contractor's drawings and subsequently errors are found, will the architect/engineer have any liability?

  • Does an employer have any liability for not sending a subsoil survey which is in his possession to tendering contractors, the absence of which leads a successful contractor to significantly underprice the risk of bad ground?

  • If a subcontractor submits a lump sum estimate to a contractor to carry out the subcontract work and it is unconditionally accepted, can he later change the price on the basis that the lump sum was only an estimate?

  • Where a tender enquiry requires tenders to remain open for acceptance for a specific period of time, can a contractor or subcontractor who has submitted a tender as required withdraw the tender before the period expires, without incurring a financial liability?