| Commentary

15 Negotiated contracts

| Commentary

B: FORMATION AND SCOPE OF CONSTRUCTION CONTRACTS

1: FORMATION OF CONTRACT

15 Negotiated contracts

The formation of construction contracts is governed by the ordinary contractual rules of offer and acceptance. Where a contractor quotes a price for works in a document headed ‘estimate’ this may be treated as an offer1. Acceptance must be complete2, unconditional3, unambiguous4 and in full conformity with any requirements laid down in the offer5. It may be by conduct where such conduct indicates an intention to be bound by the terms of an offer6. This may occur where an offer has been made upon stated terms and the

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