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?