May a tenderer withdraw its offer before the stated tender-validity period expires?
Under 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 a different financial consequence.
An unaccepted tender is ordinarily revocable, but withdrawal may breach a separate binding commitment or trigger an agreed tender security
A statement that a tender remains open for a fixed period does not, without more, necessarily make the offer irrevocable under English law. Irrevocability may arise where consideration supports an option or another enforceable agreement requires the tender to remain open. A tender bond may respond according to its wording. The withdrawal must also be communicated effectively before acceptance, and public or regulated procurement consequences require separate review.
| Issue | Position |
|---|---|
| Unaccepted offer | Ordinarily capable of revocation |
| Promise to keep open without consideration | Not necessarily enforceable as an option |
| Consideration for fixed availability | May create a binding option |
| Tender bond or security | May be called if its stated withdrawal condition occurs |
| Separate tender-process obligation | May support damages even though the works offer is revoked |
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