| Commentary

16 Tenders

| Commentary

16 Tenders

In general, an invitation to contractors to submit tenders to carry out building works is not an offer but merely an invitation to treat; the employer is in consequence under no obligation to accept the lowest or any of the tenders received1. However, an express undertaking by the employer to accept the lowest tender is binding upon the submission of a tender which conforms with any conditions laid down2. Moreover, the employer may in other cases be under an implied contractual obligation to give reasonable consideration to any tender submitted in accordance with the published conditions3.

The unconditional acceptance

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