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Akintoye, A (2000) Analysis of factors influencing project cost estimating practice. Construction Management and Economics, 18(01), 77-89.

Arditi, D and Mochtar, K (2000) Trends in productivity improvement in the US construction industry. Construction Management and Economics, 18(01), 15-27.

Craig, R (2000) Re-engineering the tender code for construction works. Construction Management and Economics, 18(01), 91-100.

  • Type: Journal Article
  • Keywords: contract; equality of opportunity; fair-dealing; law; tendering
  • ISBN/ISSN: 0144-6193
  • URL: https://doi.org/10.1080/014461900370988
  • Abstract:

    The UK’s NJCC Code of Procedure for Single Stage Selective Tendering (now withdrawn) and its successor, the CIB’s Code of Practice for the Selection of Main Contractors are criticized in the light of decisions of the common law courts with regard to regulation of the tendering process. It is argued that a new ’Tendering Code’ should be produced in the style and format of a contract document which reflects not only the statutory regulation imposed on public bodies, but common law decisions of the courts. The nature of this tendering contract is explained as a means of regulating the tendering process. Issues discussed are: dealing with errors and irregularities found in tenders; dealing with non-compliant tenders; dealing with tender withdrawal prior to its acceptance or rejection; making provisions as to time for submission of tenders and dealing with late tenders; making provision for submission of tender by fax or other electronic means; making provision for evaluation of tenders received; and imposing or negotiating reductions in price with tenderers prior to acceptance. The paper concludes that the common law obligations placed on the owner to treat all tenderers equally and fairly and to apply the tender conditions when evaluating tenders and awarding contracts seems to be good common sense and of commercial advantage, not only to the immediate parties concerned but also to the wider community.

Edwards, D J, Holt, G D and Harris, F C (2000) A model for predicting plant maintenance costs. Construction Management and Economics, 18(01), 65-75.

Fielden, S L, Davidson, M J, Gale, A W and Davey, C L (2000) Women in construction: the untapped resource. Construction Management and Economics, 18(01), 113-21.

Fraser, C (2000) The influence of personal characteristics on effectiveness of construction site managers. Construction Management and Economics, 18(01), 29-36.

Garnett, N and Pickrell, S (2000) Benchmarking for construction: theory and practice. Construction Management and Economics, 18(01), 55-63.

Hughes, W, Hillebrandt, P and Murdoch, J (2000) The impact of contract duration on the cost of cash retention. Construction Management and Economics, 18(01), 11-4.

Kim, J-C, Kim, D-H, Kim, J-J, Ye, J-S and Lee, H-S (2000) Segmenting the Korean housing market using multiple discriminant analysis. Construction Management and Economics, 18(01), 45-54.

Treloar, G J, Love, P E D, Faniran, O O and Iyer-Raniga, U (2000) A hybrid life cycle assessment method for construction. Construction Management and Economics, 18(01), 5-9.

Walker, A and Newcombe, R (2000) The positive use of power on a major construction project. Construction Management and Economics, 18(01), 37-44.

Zarkada-Fraser, A and Skitmore, M R (2000) Decisions with moral content: collusion. Construction Management and Economics, 18(01), -11.