Question 1

An invitation to tender was advertised and in due course the successful tenderer was informed in writing of the acceptance of his offer and requested to submit the documentation required as stated in the invitation. The n/s subcontractor failed to provide the Construction Guarantee as elected by him and did not appear on site on the date set for the handover. The n/s subcontractor later informed the employer that he was unable to raise the guarantee and submitted a letter from his attorney stating that a contract was not, as yet, in existence and therefore the n/s subcontractor was not in breach. Is this the case and how do we determine if a contract does or does not exist?

Ref: N02.001