An Analysis of International Case Law for Process Contract in Public

Yuen F. Tony Ma ()
Additional contact information
Yuen F. Tony Ma: University of South Australia

Chapter Chapter 70 in Proceedings of the 17th International Symposium on Advancement of Construction Management and Real Estate, 2014, pp 677-686 from Springer

Abstract: Abstract Traditionally, an ‘invitation to tender’ is no more than an invitation to treat which means that it is not an offer to make a contract with any person or organization which might act on the invitation. In other words, the owner is free to accept or reject any offer and no legal relationship is entered between tender parties during the tender pre-award period. However, developments in commonwealth jurisdiction since the 1980s have significantly changed the principle of offer and acceptance. The changes suggest that the traditional view of invitation to tender should not be regarded with complacency. This paper describes the major international court cases relating to tendering which would have significant impacts on the day-to-day running of public tendering processes. The aim of these legal case studies is to evaluate the legal implications when public tenders are invited. The analysis of ten selected court cases since the 1980s shows that process contract has become widely accepted as the legal basis of tendering. Furthermore, decisions by courts have also highlighted the principles of fairness and integrity within the tendering system, and these principles must be observed by all parties to the tendering system.

Keywords: Public tendering; Commonwealth jurisdiction; Process contract (search for similar items in EconPapers)
Date: 2014
References: Add references at CitEc
Citations:

There are no downloads for this item, see the EconPapers FAQ for hints about obtaining it.

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:spr:sprchp:978-3-642-35548-6_70

Ordering information: This item can be ordered from
http://www.springer.com/9783642355486

DOI: 10.1007/978-3-642-35548-6_70

Access Statistics for this chapter

More chapters in Springer Books from Springer
Bibliographic data for series maintained by Sonal Shukla () and Springer Nature Abstracting and Indexing ().