Risky Business: Compiling A Tender Package

摘要

Generally, regardless of whether a principal allows a contractor to rely on tender information in preparing a tender submission, contractors will inevitably rely on some or all of the material proffered by a principal in the tender phase of a project. If that material is inaccurate, the contractor will likely suffer loss, and seek to recover that loss by whatever means the law allows. Thus, compiling a tender package is risky business for a principal, in that it can often lead to an onslaught of contractual, tortious and statutory based claims for inaccuracies in the tender package. However, with careful planning, a principal may be able to develop a recipe to significantly mitigate the risks involved.