Chapter 2

Tenders

First published: 24 March 2005

Summary

This chapter contains section titled:

  • 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?

  • Where a contractor/subcontractor submits a tender on request which is ignored, does he have any rights?

  • Where a design and construct procurement method is employed, who is responsible for obtaining outline planning consent and full planning consent - the employer or contractor/subcontractor?

  • 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?

  • 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?

  • 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?

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