ABSTRACT

This chapter looks at the way in which tenders and their assessment can affect subsequent actions over disputes. Tendering is broader than pricing and covers the higher-level decisions about a particular contract. More common manipulation occurs over pricing measured work, and two aims may be distinguished. One is to enhance cash flow by front loading the pricing. The other aim of manipulation is to try to anticipate the way in which the project is going to shift in terms of variations. Alongside the pricing, the programme is another aspect of the tender which may need attention. Standard contracts are somewhat ambivalent over the provision and status of contractors' programmes. The contractor should remember that the quantity surveyor, who is to become the impartial valuer between the parties once the contract is in being, is acting for the client during assessment of tenders to ensure a commercial deal for him.