TENDERS 95 



water to be pumped and diverted, the means to be employed 

 for maintaining the necessary flow of any existing water, the 

 amount of haulage, the rights and interests to be, or which 

 may be, interfered with by the construction, completion and 

 maintenance of the works, and all other matters referred to in the 

 plans and drawings to be seen at the engineer's office, and in 

 the conditions of contract and specification which may 

 influence the contractor in making his tender. Difficulties, 

 whether contemplated or not, which may be met with, or 

 happen in the construction, completion, and maintenance of 

 the works, and mistakes in the specification, drawings or 

 quantities shall not relieve the contractor from fulfilling the 

 terms of his contract nor entitle him to any extra payment or 

 compensation over the contract amount. The contractor is 

 particularly referred to the contracts between the employers 

 and merchants or manufacturers for the supply of materials 

 mentioned in the specification, and he must make his own 

 inquiries as to the probable date of supply of the said materials, 

 and take all risks of delay in such supply." No contractor 

 who had sent in a tender for the construction (say) of a large 

 bridge could complain of having been misled by the specifica- 

 tions, etc., if the extent of his liabilities had been thus fully 

 set forth at the very outset of the negotiations. 



4. Costs of preparing tender. Employers will find it con- 

 venient to point out that they will not be responsible for, 

 or pay for expenses or losses which may be incurred by any 

 tenderer in the preparation of his tender. Even where no 

 such warning is given, it is submitted that a contractor would 

 have no claim in respect of the time and labour expended by 

 him on the work of preparing bis tender. 



5. Withdrawal of invitation for tenders. A firm inviting 

 tenders may revoke the invitation. If the invitation is with- 

 drawn, the expenses of making a tender cannot be recovered 

 (Harris v. Nickerson, 1873, L. E. 8 Q. B. 286). 



6. Preparation of form of tender. The duty of preparing 

 the form of a tender will usually fall to the lot of the engineer. 

 It may therefore be useful to draw attention to certain points 

 which should be observed in discharging this duty. The form 

 should provide that the contractor is willing to undertake the 



