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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10789
Experience:  Barrister 17 years experience
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If I tender for a construction job and the client decides not

Resolved Question:

If I tender for a construction job and the client decides not to go ahead with job can I claim payment for tendering process. Tender value was 3 million euro, cost of tender 5 thousand
euro approx.
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

When you placed the tender did the initial correspondence or request say it was "Subject to Contract"?

Where is the client based?

Kind regards

AJ
Customer: replied 3 years ago.

We are based in southern Ireland


The procedure was we had to pre qualify, following pre qualification we were issued tendering documentation and a dead line to meet. We meet deadline etc. Later we were informed that construction costs were higher than anticipated and that client had decided not to go ahead with project.


 

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

Where is the client based?

Kind regards

AJ
Customer: replied 3 years ago.

Michael Hetherton architectural and engineering services


unit 3, Cavan St., Oldcastle, Co. Meath Ireland


 


Tender for Mergon international, Innova Business Park, Castlepollard, Co. Westmeath Ireland

Expert:  Buachaill replied 3 years ago.
1. Under the High Court decision in the Folens Educational case in Ireland, you are entitled to restitution from Mergon International for all costs associated with the tendering process. This means that you will be able to bill for the costs involved in preparing & submitting the tender. This will be the five thousand you spent on it. Additionally any costs associated with pre-qualifying will be obtained as well. This case applies irrespective of whether the tender was expressed to be Subject to Contract or not. If you want any further clarification, I will be happy to help.
Buachaill, Barrister
Category: Law
Satisfied Customers: 10789
Experience: Barrister 17 years experience
Buachaill and 3 other Law Specialists are ready to help you