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ARTICLE · 11 DECEMBER 2021

When is a tender considered accepted? A reminder to tread carefully

Bartier Perry Solicitors
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Council procurement teams should be careful when communicating with tenderers or contractors before a contract is signed.

AustraliaGovernment, Public Sector
Gavin Stuart
Gavin Stuart
Scott Homan (Formerly With Bartier Perry)
Scott Homan (Formerly With Bartier Perry)
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Bartier Perry recently acted for the defendant developer in Dyna Constructions Pty Ltd v Bocco Developments Pty Ltd [2021] NSWDC 507. Our client, Bocco Developments Pty Ltd (Bocco), was sued by a builder who had tendered for a construction project on Sydney's northern beaches. While Bocco succeeded in defending the claim, the case presents a timely reminder for council procurement teams to carefully consider their conduct when communicating with prospective tenderers or contractors before a contract is signed.

The facts

Through its agent, Bocco ran a tender process for the construction of a residential apartment complex in Narrabeen. Dyna Constructions Pty Ltd (Dyna) was subsequently identified by Bocco as its preferred tenderer. Bocco's agent advised Dyna that Bocco would be proceeding with it on the project.

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