By J. Roger Knowles
Procurement -- Tenders and bidding -- layout -- Letters of cause -- Programme -- Delays and hold up research -- Extensions of time -- Liquidated/delay damages -- adaptations -- Loss and expense/additional fee -- money -- useful finishing touch and defects -- Rights and treatments -- Adjudication
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However, this requirement does not bite if the only reason for a breach of the obligation is a breach of the works contract by a works contractor. There is no such comfort offered to the management contractor by the Engineering and Construction Contract (NEC 3) Option F Management Contract, which makes it clear that the management contractor is responsible for all work undertaken by the subcontractors. This type of procurement method is generally regarded as low financial risk from the management contractor’s point of view.
Relevant background material • The law excludes the prior negotiations of the parties • The meaning of words in a document is not the same as the literal meaning of words, but the meaning that one would reasonably understand against the relevant background Procurement 15 • The rule that the words should be given their natural and ordinary meaning reflects the commonsense proposition that it is not easily accepted that people have made linguistic mistakes, particularly in formal documents. 6. 7.
After tenders have been submitted, selection is made employing an evaluation method which has not been revealed to the tenderers. Would the unsuccessful tenderers have any entitlement to compensation and on what basis? 1. There is a requirement under European law, embedded in the laws applicable in the UK, which applies to most public bodies and publicly funded organisations and provides for equal treatment of all tenderers. Where appointments are based upon the most economically advantageous bid, the contracting authority must specify which criteria from a specified list it will use to determine the most economically advantageous.
200 contractual problems and their solutions by J. Roger Knowles