ABSTRACT

This chapter presents some questions that are helpful for the construction professionals of all kinds who frequently need legal advice that is straightforward as well as authoritative and legally rigorous. Various aspects of the lowest tenderer caused concern and investigations were carried out. As a result, it was decided that the higher of the tenderers should be accepted. This decision was questioned by the architect, who argued that it was the lowest tender which should be considered when damages were awarded. If the employer ever starts to accept the contractor's views against the architect, it is time for the architect to consider terminating his or her engagement. It is surprising how often a contractor will simply stop work because it is not being paid. It is difficult not to have considerable sympathy with a contractor who says, quite reasonably, that there is no point in doing further work if it has not been paid for what has already been done.