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Download 200 contractual problems and their solutions by J. Roger Knowles PDF

By J. Roger Knowles

Procurement -- Tenders and bidding -- layout -- Letters of purpose -- Programme -- Delays and hold up research -- Extensions of time -- Liquidated/delay damages -- diversifications -- Loss and expense/additional price -- cost -- useful of completion and defects -- Rights and treatments -- Adjudication

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200 contractual problems and their solutions

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Extra resources for 200 contractual problems and their solutions

Example text

In the case in question, J&A Development v. Edina Manufacturing Ltd and Others (2006), J&A Development was asked by Edina Manufacturing Ltd to submit a tender for the construction of a workshop, offices and associated work at an industrial estate in Lisburn. The tender enquiry documents prepared by ADP Architects and Design Partnership stated that the tendering procedure was to be in accordance with the principles of the Code of Procedure for single-stage selective tendering, published by the NJCC in 1996.

The wording of the tender enquiry neither obviated the need to submit a complete tender, nor provided a means by which tenderers could supply substantial documents, or substantial sections of documents, after the deadline, so as to complete their tenders. Proportionality was capable of applying to the implementation of the terms of a procurement process. The exercise of discretionary powers necessarily involved judgment and the court would not intervene unless the decision was unjustifiable. In this case the court considered that it would not intervene in respect of the provisions included in the invitation to tender.

The amount awarded for loss of profit was reduced by 20% to take account of the availability of other work. Procurement 11 SUMMARY Where a tender enquiry states that a standard procedure for dealing with tenders, such as those produced by the NJCC or the CIB, will apply, there exists between the employer and tendering contractors a collateral agreement to the effect that this procedure will be applied. If the employer fails to implement the Code, this will amount to a breach of the collateral agreement.

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