Managing legal risk in the tender process

Thousands of companies in Australia regularly and knowingly face the dilemma of legal risk in draft tender contracts.

Most don’t have their own in-house legal counsel and are reluctant (for various reasons, not the least of which is cost) to engage an external law firm.

Astonishingly, far too many tender submissions are lodged without having first been reviewed by a legally qualified person, let alone an experienced contracts lawyer. Tender documents frequently include some very nasty surprises – we call them THE TENDER MONSTERS – and to the unqualified or inexperienced, this can make for some very expensive disasters.

The Tender Lawyer is a specialist contract lawyer with years of experience reviewing contracts involving projects in all States and Territories, and can assist wherever you operate in Australia.

By forming long-term working relationships, The Tender Lawyer will get to know your business and industry better, and provide a personalised, flexible and responsive service. The Tender Lawyer delivers quality advice at a fair price. The Tender Lawyer should be an indispensable part of your team.


Tender Monster #17:

50 Lashes

Clauses allowing the principal to punish you for what could be trivial instances of non-compliance.

IN-HOUSE COUNSEL, WHEN YOU CAN’T AFFORD IN-HOUSE COUNSEL

The Tender Lawyer can help you manage legal risk in the tender process by:

• Reviewing and advising on tender documents, including the draft contract
• Drafting contract departures and clarifications
• Assisting in negotiating the terms and conditions of the contract
• Providing legal sign-off to company management on the final contract prior to execution
• Contract review and drafting.

 

The Tender Lawyer works with companies in all kinds of industries, including professional, technical, industrial & environmental services, waste management, construction, logistics, facilities management and equipment hire. The Tender Lawyer also provides a range of other in-house counsel services, such as:

• Reviewing and re-drafting standard company contracts, terms and conditions and other documents
• Advising on the impact of new or existing legislation on your business
• Drafting new contracts
• Assisting you in managing and resolving disputes with customers or suppliers
• Litigation services (including conducting debt recovery litigation or managing major litigation outsourcing to third party law firms).
• In-house training for your business development or sales team.

Tender Monster #1:

Doublethink

Inconsistent or contradictory statements in different parts of the tender documents. For example, where the scope of works says one thing and the contract contradicts it.
(Apologies to George Orwell).

Don’t leave legal risk to chance

THE MANY REASONS TO USE THE TENDER LAWYER:

  • Experience – more than 28 years of broad legal, corporate, commercial and small business experience.
  • Quality advice – a pragmatic approach, with strong commercial business understanding, the ability to speak the language of industry (not legalese) and provide concise advice.
  • Value for money – fair and reasonable prices, at approximately half of what you might expect to pay a senior lawyer or partner at a mid-sized CBD law firm a third of what you would pay a large law firm.
  • Personalised service – the Tender Lawyer aims to get to know each client personally, to gain a deep understanding and appreciation of their business.
  • Flexibility – if your need is urgent, the Tender Lawyer will meet your deadline.
  • In-house lawyer mindset – it’s all about team work. The Tender Lawyer’s goal is to become an indispensable part of your team.
  • Professional Indemnity Insurance – In the extremely unlikely event that The Tender Lawyer fails to raise an issue that should have been highlighted, the Tender Lawyer is backed by a professional indemnity insurer.

Tender Monster #13:

GST Trap

Where the Contract states that prices are quoted inclusive of GST (or says nothing about GST) and the prices contained in the price schedule are the prices that were quoted by the contractor on a GST-exclusive basis. You might as well have given a 10% discount!

COMPANIES WHOSE REQUESTS FOR TENDER HAVE BEEN REVIEWED BY THE TENDER LAWYER:

BHP
Rio Tinto
Santos
Bechtel
Origin Energy
Alcoa
Arrium
Wesfarmers
Coles
Kmart
Target
7-Eleven
Woolworths
Clough AMEC
NSW RMS

Porsche Cars Australia
Ventia
Schlumberger
Knight Frank
CPB
LJ Hooker
Unilever
Laing O’Rourke
Automotive Holdings Group
Port of Townsville
Thiess Mining
Sydney Water
Haliburton
G. James Glass & Aluminium
CBRE

Holcim
Star Entertainment Group
Total E&P
Brisbane Airports Corporation
Daycon
Cambridge Management Services
Australian Submarine Corporation
Sirius Well Manufacturing
Tradeflex
Spotlight
GEP
QIC
DB Schenker
Bunnings
McDonalds

Central Queensland University
Grocon
Tasmanian Fire Services
CBI Longford
Metricon Homes
Carlton & United Breweries
G. J. Gardner Homes
Villa World
Conoco Phillips
Fonterra
Orora
Queensland Urban Utilities
Servaco
Village Roadshow
Qld State Parliament

Inpex Corporation
Lend Lease
Westside Corporation
Peabody Energy
Puma Oil
Whitehaven Coal
Qld Health Services
Tomkins
BGIS
JLL Australia
Essential Energy
Jemena
Qld Rail
Numerous Local Councils
RoadTek
Watpac
Cleanaway
Toxfree Solutions
JJ Richards
Veolia
MPC Group
Bradken
McDermott Australia

RACQ
Fortescue Metals Group
UGL
CPB Contractors
University of Tasmania
Harvey Norman
ENI Australia
Ergon Energy
Lion Group
Freedom Fuels
Adani Mining
Ausgrid
Citic Pacific Mining
Elgas
Qld Dept. of Housing & Public Works
Hastings Deering
South Bank Corporation
Svitzner Australia
Technicas Reunidas
David Jones
Newcrest
Volvo

Race Property
Hydro Tasmania
Visy
Bradnams
Pepsico
Stadiums Queensland
P&O Maritime
QGC
AEG Ogden
Telstra
Australian Country Choice
James Hardie
Remondis
Asciano
Inghams Chicken
Grange Resources
Gladstone Ports Corporation
Senex Energy
Mirvac
Vulcan Energy
Transfield
Halcyon Constructions
Tassal

Australian Antarctic Division
NSW Environmental Protection Agency
Glencore Coal
Queensland Alumina
TasNetworks
Gold Coast Commonwealth Games Corporation
Cushman Wakefield/DTZ
Bis Industries
Aldi
Technip
Moly-Cop
Hutchinson Builders
Teys Australia
Transdev
James Cook University
Queensland University
University of Southern Qld
Queensland University of Technology
TAFE Queensland
Unitywater

TALK TO A TENDER SPECIALIST

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