ABSTRACT
The principal objective of procurement is to obtain for the contracting authority the delivery of agreed works, good or services. The proposed form of contract is generally provided as an element of the invitation to tender. In English contract law warranties and representations have different legal bases and effects. When a contract has ended, sustainability performance should be included as part of the overall contract review process. The information should assist in identifying areas for improvement and form the basis of whether the contract should be renewed or extended. Liquidated damages can provide an extremely useful and straightforward remedy for breaches such as late delivery. The approach would be to set out in a contract alternative methods: for performance of contractual obligations, with a different price attached to each. Termination issues are likely to become more regularly significant, and clauses more rigorously negotiated, under the new suite of procurement Directives adopted in April 2014.
