215. Tenders.

(3)     Agreement, Consideration and Factors Vitiating Agreement

(i)     Tenders and Estimates

215.     Tenders.

Where the contractor agrees to carry out work without more but in the expectation of payment, the employer must pay a reasonable sum in respect of the work done1. To obtain a fixed price for the work, an employer will often seek estimates or tenders from contractors. Choice of name is immaterial; there is no custom that a document headed 'quotation' or 'estimate' or even 'budget price' should not be treated as an offer2.

The conduct of contractor and employer