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Pratt Contractors Ltd v Palmerston North City Council - [1995] 1 NZLR 469

$30.00

High Court Wellington
31 October; 1, 2, 3, 4, 7, 8, 9 November; 13 December 1994
Gallen J
Contract — Formation — Construction contract — Prospective tenderers invited to register — Registered tenderers invited to tender for contract — Successful tenderer to be party tendering lowest price after passing pass/fail method of evaluation — Plaintiff lowest tenderer of those passing evaluation — Another tenderer submitting tender as sought together with letter amounting to alternative tender claiming substantial savings on a different design — That tenderer's tender accepted for alternative design — Whether plaintiff's tender gave rise to contract between plaintiff and defendant — Whether express or implied terms in tender documents that only tenders submitted in accordance with the requirements of documents would be considered — Whether breach of alleged express or implied terms.

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