Civil Engineering Reference
In-Depth Information
as a result, a tenderer other than the original lowest tenderer became the lowest and that
tenderwasaccepted.Theoriginallowesttenderertookactionthroughthecourts,anditwas
held that the original lowest tenderer was entitled to recover not only its costs of tendering
but also the loss of the profit it could have expected if it had carried out the project.
2
However, if the employer strictly observes the rules set out in the invitation, neither the
lowest nor any other tenderer has grounds for legal action if a tender other than the lowest,
or even if no tender at all, is accepted.
Architects and quantity surveyors who find themselves having to deal with clients who
show complete disregard for the tender process must seriously consider whether they can
continue to act for such clients. Construction professionals must conduct themselves with
complete integrity; this should be an end in itself. In addition, professionals who become
associated with doubtful tendering practices will acquire an unenviable reputation among
contractors with whom they will have to work in the future.
