How does two-stage tendering operate, and what risks arise before the construction contract is executed?

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How does two-stage tendering operate, and what risks arise before the construction contract is executed?

Early contractor appointment, the two stages and the pre-construction agreements

Two-stage tendering brings a contractor into a large or complex project during the design period. Understanding what each stage does, and where the risk sits before a contract is signed, is essential to using it safely.

Quick answer

Two-stage tendering appoints a contractor early to secure its design and buildability input; the first stage selects the contractor and fixes the pricing basis without any binding contract, and the second stage converts the outline into a firm contract, with pre-construction agreements covering the interim work

Two-stage tendering appoints a contractor early, during the design period, on large or complex schemes, so the professional team can use the contractor's buildability and programming input. It runs in two stages. The first stage selects the contractor and fixes the basis of the price, using approximate bills or a schedule of rates, with the design frozen at the bid date. Selecting a contractor at this stage is not an award: no contract is let, neither side is committed, and the contractor carries the cost of its early work with no right to reimbursement unless a contract follows. The second stage converts the outline into a firm contract, with the contractor contributing to design, documents, price and health and safety. Because the contractor often works before any building contract is signed, standard pre-construction agreements exist to cover and pay for that work.

PurposeEarly contractor input on large or complex schemes
First stageSelects the contractor and fixes the pricing basis
Not an awardNo contract is let; the contractor carries the cost risk
Second stageConverts the outline into a firm contract
Interim coverPre-construction agreements cover and pay for early work

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