Where a bidder is barred from revising its submission once submission but before the deadline, is it entitled to compensation?
A tenderer that finds an error before the deadline often wants to amend rather than withdraw. Whether it can, and whether a refusal gives it a claim, turns on the tender documents and, in the public sector, on the procurement rules.
Usually not: there is no general right to amend a submitted tender, and absent an express term no court has implied one; a refusal gives a claim only where a right to correct exists and is broken, and in the public sector damages also require a sufficiently serious breach
Usually not. There is no general right to amend a tender once it has been submitted; whether an error can be corrected before the deadline depends on the tender documents. Where the enquiry expressly allows genuine errors to be corrected in time, that is fine, but where the documents are silent there is no automatic right, and no court has yet implied one. Allowing free amendments risks abuse once competitors' prices are known. In the public sector the equal-treatment and transparency rules rarely help: a court has treated an incomplete tender as a failure to bid, not a correctable error, and proportionality did not require an authority to accept a late submission caused by the tenderer's own fault. Where a right to correct exists and is broken, damages are the wasted costs and lost profit if the tenderer would have won, or a discounted loss of opportunity if success was uncertain; in the public sector damages also require a sufficiently serious breach.
| General rule | No automatic right to amend a submitted tender |
| Silent documents | No implied right to correct has yet been recognised |
| Incomplete tender | Treated as a failure to bid, not a correctable error |
| Public sector | The Procurement Act 2023 governs procurements begun from 24 February 2025 |
| Damages | Costs and lost profit or a discounted loss of opportunity; a serious breach in the public sector |
The rest of this solution is for members
Fifty of the two hundred contractual solutions are free to read. This is one of the remaining hundred and fifty, which Premium and Pro carry.
See what Premium includesAlready a member? Sign in