Академический Документы
Профессиональный Документы
Культура Документы
LAW
LECTURE 20
RESOURCES
Refer to library copies or search online
Understanding Commercial Law, Lawrence,
M. & Gerbic, P., LexisNexis NZ Ltd, 6th Edition,
2006 or 7th Edition, 2007.
Construction Law in NZ, Kennedy-Grant, T.,
LexisNexis NZ Ltd, 2003.
NZS 3910:2003, Conditions of Contract for
Building and Civil Engineering Construction.
Tenders
The invitation to tender is no more than an
invitation to treat, which will not give rise to
a contract.
An invitation to treat is not an offer.
Once an invitation to treat is accepted by the
contractor wanting to tender, it becomes an
offer.
The tender is an offer to do something.
Tendering
The construction contract is the result of the
acceptance by the employer of an offer by
the contractor in the form of a tender.
TIME OF FORMATION OF
CONTRACT
A construction contract will be formed between the Principal
and the lowest tenderer at the stage of the submission of
tenders if the invitation to tender contains an express offer to
accept the lowest tender.
In the absence of such an offer, a construction contract will
not be formed between the Principal and the tenderer at the
stage of submission of tenders.
The contract will only be formed on acceptance of the
tender by the tenderer which made an offer which was
accepted by the Principal.
The time of formation is the time of acceptance.