200 contractual problems and their solutions by J. Roger Knowles

February 23, 2017 | Construction | By admin | 0 Comments

By J. Roger Knowles

Procurement -- Tenders and bidding -- layout -- Letters of rationale -- Programme -- Delays and hold up research -- Extensions of time -- Liquidated/delay damages -- adaptations -- Loss and expense/additional fee -- money -- sensible of entirety and defects -- Rights and treatments -- Adjudication

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Sometimes the error is discovered after the deadline for submission of tenders has passed. However, there are occasions when the error is discovered before the closing date. What are the options available to the tenderer? It is always open to the tenderer to withdraw its tender. Alternatively, a polite request to adjust the tender may be a favoured option. If a request made for an alteration to be made is refused, does the tenderer have any entitlement to compensation? There are no hard and fast rules concerning this matter.

In an effort to regularise the tender selection process, the NJCC produced a Code for Selective Tendering. The Code laid down procedures for both single-stage and two-stage tendering. The use of these codes has, in the past, been used in the UK quite extensively. In order to give the process some credibility, employers or their architects, in the tender enquiry, would state that the tendering procedure was to follow the NJCC Code. The NJCC Code of Procedure has now been superseded by guidelines published by the CIB.

0. Emm G Lianakis AE and Others v. Dimos Alexandroupolis and Others (2008) This case was heard before the European Court of Justice and involved the Municipal Council of Alexandroupolis, which had sought bids for open planning services. The authority was held liable for introducing the weighting factors and sub-criteria after submission of tenders. This information should have been made known at the outset. 0. Sita UK Ltd v. Greater Manchester Waste Disposal Authority (2010) Dissatisfied bidders who wish to contest an award must do so under the Regulations within three months.

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