200 contractual problems and their solutions by J. Roger Knowles

By J. Roger Knowles

Procurement -- Tenders and bidding -- layout -- Letters of reason -- Programme -- Delays and hold up research -- Extensions of time -- Liquidated/delay damages -- adaptations -- Loss and expense/additional rate -- fee -- useful finishing touch and defects -- Rights and treatments -- Adjudication

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2. 3. 4. 5. 6. 00 pm, but were unsuccessful as the system allowed only one upload. 26 pm, which was too late. The tender was rejected by the defendant. The case turned upon whether, in rejecting the tender, the defendant was in breach of regulation No 4 of the Public Contracts Regulations 2006, which required them to treat tenderers equally and in a non-discriminatory way. In addition, it was argued that the defendant, as a general principle of community law, owed the claimant an obligation to act proportionately in relation to the tender, and it had been in breach of that obligation.

13. During the period between the first stage and second stage the contractor may be required to undertake accommodation work, such as site clearance, which can be provided for under this early contractual arrangement. The second stage is complete when a contract for the whole of the project has been drawn up and signed by the parties. SUMMARY The purpose of a two-stage tendering procedure is to provide for an early appointment of the contractor. This enables the contractor’s knowledge to be used in the design of the work.

The Court of Appeal considered that Mr Justice Ramsey made a wrong decision. Lord Justice Neuberger considered that a contract had come into operation, which comprised the draft Facilities Management Agreement, except where inconsistent with the contents of the 17 August 2000 letter. Lord Justice Neuberger was influenced, in arriving at his decision, by the words ‘under the terms of the contract’ which appeared in the 17 August 2000 letter. The meaning of the term ‘subject to formal contract’ was an issue in the Court of Appeal case of Stent Foundations v.

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