Conflicting standard terms in tenderingPremiumConflicting quotations, purchase orders and acknowledgements require a document-by-document analysis. The form sent last may govern when performance accepts it, but that is a result of...

Tender errors and unilateral rectificationPremiumAcceptance ordinarily fixes the tendered bargain even where the price contains an error. Rectification may be available in the exceptional case where the recipient knew of the tenderer's...

Tender conditions and acceptance by conductFreeSilence alone does not accept an offer. Conduct may do so where, viewed objectively, the recipient proceeds on the basis of the tender and its conditions.

Retrospective effect of a later signed contractPremiumA later formal contract may govern work undertaken from an earlier commencement date. The signed wording and the parties' objective intention determine whether it supersedes any prior...

Misleading site information and ground-condition claimsPremiumRecovery depends on the contract, the legal character of the information, the contractor's reliance and any effective exclusion. The mere provision of a site report does not settle...

Recovery of abortive tender and preparatory costsPremiumOrdinary tender costs are incurred at the tenderer's risk. Recovery becomes possible where additional work was requested, where a request is properly implied, or where retention of a...

Implied tender contracts and ignored bidsFreeAn invitation to tender may create a separate procedural contract requiring compliant bids to be considered. The existence and content of that contract depend on the invitation and the...

Consultant's liability when reviewing contractor designFreeReview or approval may expose a consultant to liability where the appointment required that task and it was performed without reasonable skill and care. The contractor's design...

Withheld ground information and tender riskPremiumLiability is clearest where the contract expressly requires disclosure. Without such wording, silence is not automatically actionable and the contractor must establish a recognised...

Whether a lump-sum estimate fixes the pricePremiumThe word "estimate" is not decisive. A stated lump sum may be a firm offer, an approximate forecast or the starting point for reasonable remuneration, depending on the document and the...

Withdrawal before tender-validity expiryPremiumUnder ordinary English contract principles, an unaccepted offer may be revoked despite a promise to keep it open. A separate binding option, tender bond or procedural contract may produce...