Wither The Tender Process Contract
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Wither The Tender Process Contract
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Author : Jason Karl
language : en
Publisher:
Release Date : 2002
Wither The Tender Process Contract written by Jason Karl and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Contracting out categories.
The Art Of Tendering
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Author : P. D. V. Marsh
language : en
Publisher: Gower Publishing Company, Limited
Release Date : 1987
The Art Of Tendering written by P. D. V. Marsh and has been published by Gower Publishing Company, Limited this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Business categories.
Peter Marsh's book is the ideal reference and companion for all concerned with tendering and, more importantly, with tendering to win! Containing a stimulating and comprehensive mix of information and advice, the book provides rewarding reading for both the new entrant to the tendering scene and for those with more substantial expertise.Successful tendering, of course, goes well beyond the basics of cost estimation and mark-up. The author points out, for example, the importance of establishing an intelligence system to provide marketing, political, financial and legal data on which to base a bidding decision, and goes on to suggest how to implement and operate such a system.If price is important when bidding, so too are influence and financing. The author suggests practical ways of promoting influence and, in a realistic approach to the financial aspects of bidding, includes an easily understandable review of current methods of financing a project.Above every other consideration, a tender must sell - it must be both appealing and acceptable to the decision makers. These criteria are taken into account when suggesting how to write a tender as a 'winning document'. While the book properly gives priority to achieving a high rate of success for bids submitted, the question of submitting tenders with a high risk of failure is also discussed. Finally, there is a look at what the bidder needs to do following the submission of a tender and in preparation for negotiations.
Code Of Practice For The Selection Of Subcontractors
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Author : Construction Industry Board (Great Britain). Working Group 3
language : en
Publisher: Thomas Telford
Release Date : 1997
Code Of Practice For The Selection Of Subcontractors written by Construction Industry Board (Great Britain). Working Group 3 and has been published by Thomas Telford this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Communication in management categories.
This code of practice is one of a set of documents from the CIB aimed at improving the quality, effectiveness and efficiency of the construction industry. It should be used in conjunction with the other documents in the series. 1~ The good practice recommended should be observed in commercial relationships throughout the contractual chain and throughout the duration of a construction project. Subcontractors can be selected by competitive tendering, by negotiation or as a result of partnering or a joint venture arrangement. Competitive tendering is complex and requires everyone involved to follow a common set of procedures; inevitably it occupies the bulk of this code. In competitive tendering for small or simple works all the steps described are required but many may take place I formally, and these are indicated by dotted lines in the diagrams which accompany each section of the code. Negotiation, partnering or joint ventures should all be carried out in the same spirit of good practice although specific procedures will vary. For competitive tendering to be effective in providing good value for money it must be seen to be fair and the processes by which decisions are reached must be as open as possible. This applies to all forms of subcontractor selection.
Tercon Contractors
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Author : Jassmine Girgis
language : en
Publisher:
Release Date : 2010
Tercon Contractors written by Jassmine Girgis and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
The tendering process (in relation to construction contracts) is one whereby a person (“owner” or “issuer”) wishing to enter into a contract for construction on the owner's land, requests offers from other persons (“tenderers” or “bidders”), with the goal of obtaining the best price and contractual terms. In Ron Engineering & Construction Eastern Ltd. v. Ontario, Estey J.'s judgment rejected the traditional tendering analysis and established the dual contract model, the modern analysis governing the formation of contracts during the tendering process. This model has governed the law of tendering in Canada for decades. In this, a tender call and the submission of a bid create “Contract A,” in which the tender call constitutes the offer of a contract in relation to the tender process.The submission of each bid constitutes an acceptance of that offer, which creates a binding contract between the individual bidder and the issuer of the tender call. Once a submission is accepted, the owner goes on to enter Contract B, the subject matter of the bid or the construction contract, with the bidder. Ron Engineering established the dual contract model and commenced the process of defining the types of implied duties and obligations involved in the Contract A/Contract B analysis. If issuers fail to adhere to their own bidding rules, as they arise from the tender documents, or to the implied terms that arise from the tendering process, they risk an action for breach of Contract A from any individual bidder. This is the case even if Contract B is never entered into or is awarded to another bidder. It is whether the owner was liable for failure to adhere to one of these implied obligations in Contract A that was at issue in Tercon Contractors Ltd. v. British Columbia (Ministry of Transportation and Highways), and whether the term could be excluded by a clause excluding liability in the tender documents. In Tercon, the Supreme Court of Canada considered the effect of an exclusion clause in a tendering process for the construction of a highway when the appellant's compliant bid was rejected and a non-compliant bid was accepted. The 5-4 opinion indicates that the precise boundary for exclusion clauses in tendering processes is unsettled. It is the modern tendering analysis and the Supreme Court's judgment in Tercon that lead to the issues discussed in this paper. First, the issue of exclusion clauses in the tendering documents will be examined, and the problems that arise when these clauses attempt to exclude implied duties inherent to the modern tendering analysis. Privilege clauses, which usually allow issuers to pick a bid that is not necessarily the lowest, and to refrain from picking any bid, have become commonplace in the tendering process. However, courts have not settled on the effect of clauses that purport to exclude liability for the fundamental, basic requirements of the tendering process, such as choosing non-compliant bids, or treating bidders unfairly and unequally. Can these clauses be allowed into the tendering process as we recognize it or would they be robbing the process of its legal effect? The answer to that will depend on the perception attributed to the tendering process. Is it a special procedure, requiring its own set of non-negotiable rules? This paper will argue that it is a series of contracts governed by contract law rules of offer, acceptance and implied terms, and owners are allowed to impose any terms they wish and replace the implied obligations with express ones, provided they do so in clear, unambiguous language. Finding that the tendering process adheres to basic contract rules, and taking the position that these implied terms can be excluded by provisions in the tender call has several implications for the Ron Engineering analysis. Allowing issuers to accept non-compliant bids, as in Tercon, fundamentally undermines the Contract A/Contract B analysis and implicitly ousts the duty of fairness from the tender call. The implications of this are significant for the integrity of the tendering process, the protection of which is the reason underlying the tendering analysis we have today. Depending on the extent of liability that can be ousted by an exclusion clause, the analysis from Ron Engineering may no longer be workable and the state of law that governed tendering prior may be reinstated. The second part will examine the analysis governing exclusion clauses, as laid out in Tercon. In a much needed move to clarify this area of law regarding fundamental breach, after the division in Hunter Engineering Co. v. Syncrude Canada Ltd., the Tercon court discarded the doctrine of fundamental breach and set out a new test for analyzing the enforceability of exclusion clauses. The test requires the use of the doctrine of unconscionability and the application of public policy to determine the enforceability of exclusion clauses. If clausescanbe used to exclude liability for ousting the implied terms inherent to the tendering process, the Ron Engineering analysis will no longer be workable. The Ron Engineering analysis is an excellent way to allocate the risk between parties during the tendering process. It protects the integrity of the process by implying certain terms, which allow tenderers to submit proposals, secure in the knowledge that the issuer has to abide by certain obligations. However, since this is a contractual process, certain realities exist, namely that implied terms can be ousted by express terms. So while the Ron Engineering analysis is excellent, it only works if issuers do not insert provisions into the tendering documents to oust implied terms that are necessary to the tendering analysis. And unless there is a rule preventing issuers from inserting express terms into the documents that oust these implied terms, then issuers are free to insert any contractual provisions into the documents. If bidders are opposed to them, they can simply refrain from bidding in that tender call. This means that if the Ron Engineering analysis is to continue to apply in light of the contractual realities stated in Tercon, it might be possible to save it under the very test laid out in Tercon.
How To Win Construction Contract Process Plant
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Author : SANJIB BASU
language : en
Publisher: Notion Press
Release Date : 2021-04-17
How To Win Construction Contract Process Plant written by SANJIB BASU and has been published by Notion Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-17 with Business & Economics categories.
If you want a book that you can use on almost a daily basis in a construction-contractor organization, then this is it. Whether you work as managing director, business development manager, chief proposal manager, lead engineer & estimator, the operation manager, project control manager, cost control engineers, procurement manager, information technology, HR or even in a corporate advisory role, the skills outlined in this book can increase your role & effectiveness & create an impact from the first reading. This book gives a practical understanding of the skills required to become a high-performance manager in your area of expertise. It will help you to: - win high-value construction contracts & execute it with effective control to ensure predicted profit or more - develop stronger, more productive working relationship with customers - market your services, diversify effectively and build powerful networks - secure greater satisfied customer base and prequalify with new customers - work effectively in less formal and hierarchical ways on projects & initiatives - enhance your own worth & value in the organization
Procurement Law For Construction And Engineering
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Author : R. W. Craig
language : en
Publisher: Wiley-Blackwell
Release Date : 1999-01-26
Procurement Law For Construction And Engineering written by R. W. Craig and has been published by Wiley-Blackwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-01-26 with Technology & Engineering categories.
The cost of preparing and submitting tenders for construction and engineering works is a significant expense to those firms involved and no participant can afford to be ignorant of the law surrounding the procurement process. This new book reviews the law concerning the procurement of construction and engineering works and services, and deals with the development of the common law of tendering including bids, offers, revocation of offers, acceptance and the making of contracts. This book is written from the perspective of English law but considers cases and statutes from a wide variety of common law jurisdictions, including Australia, Canada, New Zealand, Scotland, South Africa, and the US.
The Implication Of Tendering Contract In Bidding Process
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Author : Irwanni Raman
language : en
Publisher:
Release Date : 2000
The Implication Of Tendering Contract In Bidding Process written by Irwanni Raman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Construction contracts categories.
Winning Your Rebid
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Author : Nigel Thacker
language : en
Publisher: Gower Publishing, Ltd.
Release Date : 2012
Winning Your Rebid written by Nigel Thacker and has been published by Gower Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Contracting out categories.
Losing any contract during the rebid phase has a major impact on a business. Investment in time, effort and resources on rebids can underpin significant increases in growth, at a lower cost than from new business alone. Winning Your Rebid will help incumbent contractors to increase their chances of retaining an existing contract which, whilst it includes the skills of bidding for new contracts, requires a significantly different set of actions and processes in order to be consistently successful. The book takes the reader through all the preparations over the period of a contract that will put them in the best position to win their rebid, and gives advice, techniques and ideas for how to run and deliver it successfully.
Contract Review Process
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Author : Canada. Transport Canada. Deputy Minister's Office
language : en
Publisher:
Release Date : 1983
Contract Review Process written by Canada. Transport Canada. Deputy Minister's Office and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983 with categories.
Management Of Procurement
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Author : Denise Bower
language : en
Publisher: Thomas Telford
Release Date : 2003-01-08
Management Of Procurement written by Denise Bower and has been published by Thomas Telford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-01-08 with Business & Economics categories.
This invaluable book covers all aspects of procurement, from drafting and using contracts to procurement strategies for privately financed projects. It is written from a construction perspective, and uses examples from other industries where appropriate. This essential book offer presents guidance, explanations and case studies to help the reader comprehend the strengths and weaknesses and realistic meanings and outcomes of the stages in the development of an effective procurement strategy. Bringing together the theory and practice that relates to procurement, the book offers guidance on show the process should be undertaken. It begins by outlining the role of procurement in the construction industry, including the problems it faces and some of the steps that can be taken to overcome these problems. It then goes on to consider contractor selection and raises issues relating to the allocation of risk in contracts and factors to consider when awarding a contract. A brief summary of the relevant legal aspects is also provided. The book also examines contract strategy, major organisational arrangements and payment types and prvides a summary of the key features of the most common standard forms of contract. The relationship between benchmarking, key performance indicators and incentives is explained and a framework for developing incentive mechanisms is provided.