Tendering and procurement case law

This section provides surveyors and construction professionals with a practical guide to the following aspects of tendering and procurement law in the context of the tendering and procurement of a construction contract in the private sector:

• initial considerations to bear in mind at the outset of the tender process which, if not considered, could give rise to legal pitfalls later on
• an introduction to and overview of key aspects of the tender process, and
• key procurement matters following the tender award, focusing on:
  • issues to bear in mind when using letters of intent
  • the practicalities of offer and acceptance, and the care that must be taken not to make or accept an offer before being ready to do so
  • the importance of being aware when negotiating a contract that in addition to the express terms of the contract, there could be implied terms, and
  • an introduction to and overview of collaborative working arrangements.

This section does not discuss UK or European public procurement rules. See Regulated procurement for more information on this matter.

This section is maintained by Gareth Stringer, Kim Roberts, Natalie Wardle, Anna Blest, Katharine Tulloch and Lucy Weld of Bryan Cave Leighton Paisner LLP.

RICS journal article: Adopting more effective tendering and procurement strategies