Which fields should a pre-bid review record?

Record the clause reference, trigger, rate or formula, cap if stated, notice requirement, extension-of-time interaction and review question. Do not decide enforceability from the heading alone.

Illustrative issue record
FieldRecordReviewer
ClauseExact section and revisionContracts reviewer
TriggerDefined event or dateProject lead
AmountRate or formula as writtenCommercial reviewer
NoticeRequired notice pathContract administrator
QuestionEffect on bid positionLegal adviser

What should be checked against the rest of the contract?

Compare the mechanism with programme, extensions of time, delay notices, caps, payment provisions and the order of precedence. Preserve the actual wording and avoid paraphrases that hide conditions.

Sources: Western Australian Legislation: Construction Contracts Act 2004, UK Cabinet Office: The Construction Playbook

What should the bid team do with an issue?

Record an interim commercial position only after the appropriate reviewer approves it. Raise an issued clarification when the tender permits questions and keep the answer with the register.

Sources: NEC Contracts: NEC4 contracts, FIDIC: FIDIC contracts

Common questions

What else should the bid team know?

Is this legal advice?

This is document support, not legal advice. A qualified contracts or legal adviser must review the applicable contract and tender position.

Can a register decide whether a clause is fair?

No. It identifies the text, issue, owner and proposed question. A qualified adviser decides the legal or contractual position.

Should the whole contract be sent through the form?

Send a document index and a description of the review needed first. Use a secure, agreed channel for confidential contract files.

Primary sources

  1. Construction Contracts Act 2004Western Australian Legislation
  2. NEC4 contractsNEC Contracts
  3. The Construction PlaybookUK Cabinet Office
  4. FIDIC contractsFIDIC