Construction Law in Australia
As you may know from your own experience, when a contractor is asked to tender for a contract, it is often invited to indicate any qualifications it wishes to make to its tender (including in the form of proposed changes to the contract) and to seek any clarifications about the invitation to tender (including the terms of the contract).
We will ask you to undertake that exercise for the hypothetical contract included in the course materials.
For that purpose, we have included a MSWord version of the form of qualifications schedule. We would ask you to use this form, and develop it with your qualifications and clarifications.
They contain only the terms and conditions. That is deliberate. We want you only to focus on the terms and conditions.
You can put yourself into the shoes of a contractor and prepare the qualifications schedule for submission to the principal. Alternatively, you can put yourself in the shoes of the principal and prepare for the negotiation by predicting what the tenderers are likely to raise. Either way, your goal would be to prepare for a negotiation on the terms which you think are likely to be raised by a prudent contractor.
- Fill in the clarification below
- Think what can be change/delete/amended in the contract/ask for the extension/which clauses/limitation to certain things
- Think as a contractor and also think what the principal need to prepare for the negotiation that arise from the contractor
Contract Clarifications or Departures
Tenderer must list any proposed clarifications or departures from the form of Contract contained in Attachment 2 to the Conditions of Tendering.
Except to the extent that a Tenderer lists an issue requiring clarification or which is a departure by the Tenderer, the Tenderer is deemed to have accepted the form of Contract.