TENDERS, EMPLOYERS AND A DUTY OF FAIRNESS

Scott v Belfast Education and Library Board [2007] NICh 4; (2007) 114 Construction Law Reports 209

In Scott v Belfast Education and Library Board [2007] NICh 4; (2007) 114 Construction Law Reports 209 Mr Justice Weatherup held that the tender documents issued by the defendant gave rise to an implied contract and that the contract contained an implied term that the process would be conducted fairly and in good faith. Further, he held that fairness required that the process be transparent and that transparency in turn required the absence from the tender documents of any material ambiguity that would significantly affect the tender.