Scott & Ors v Belfast Education & Library Board [2007] NICh 4 (15 June 2007)

Scott & Ors v Belfast Education & Library Board [2007] NICh 4 (15 June 2007)

Tender documents give rise to an implied contract requiring the employer to act fairly; fairness requires absence of material ambiguity in tender documents that would significantly affect a tender.

Citation
[2007] NICh 4
Parties
Plaintiffs: Gerard Martin Scott & Ors; Defendant: Belfast Education & Library Board; Notice Party: Maurice Flynn & Sons Ltd
Jurisdiction
Northern Ireland
Judgment Date
15 June 2007
Procedural Posture
Originating Summons / Preliminary Issue
Outcome
Preliminary issue determined in favour of plaintiffs; implied contract and fairness requirements affirmed.
Legal Topics
Implied Terms, Fairness in Tendering, Ambiguity in Tender Documents, Public Works Contracts
Contract Law Public Procurement Implied Terms Fairness in Tendering Ambiguity in Tender Documents Public Works Contracts

Case Brief

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Parties

Gerard Martin Scott & Ors

Plaintiffs

Belfast Education & Library Board

Defendant

Maurice Flynn & Sons Ltd

Notice Party

Procedural Posture

Originating Summons / Preliminary Issue

Legal Issues

  1. 1 Whether tender documents give rise to an implied term of fairness and good faith
  2. 2 Whether implied term of fairness and good faith requires absence of material ambiguity in tender documents

Ratio Decidendi

Tender documents give rise to an implied contract requiring the employer to act fairly; fairness requires absence of material ambiguity in tender documents that would significantly affect a tender.

Court Disposition

Preliminary issue determined in favour of plaintiffs; implied contract and fairness requirements affirmed.

Orders

  • Employer must act fairly in tendering process; tender documents must not contain material ambiguity that significantly affects tenders.