Tendering & Procurement
Get the Procurement Right Before the Contract
Construction tendering and procurement advice across Australia, from the delivery model to the signed contract
Most contractual trouble is decided long before the contract is signed, in how the project was procured and how the tender was framed.
Christopher Larcos advises owners, developers, builders and architects on procurement strategy, tender documentation, including the request for tender (RFT), request for proposal (RFP) and request for quotation (RFQ), and contract formation. As a solicitor who is also a registered architect, he understands both how a project is delivered on site and how the contract behind it needs to read.
The aim is a procurement route and a tender that lead to the right contract, with risk allocated where it can be managed, so the project starts on a sound footing.
What procurement advice covers
Procurement strategy
Choosing the delivery model, construct-only, design and construct, cost-plus or managed, to match the design, the certainty you need, and the risk each party can carry.
Tender documents (RFT, RFP, RFQ)
Preparing or responding to a request for tender (RFT), request for proposal (RFP) or request for quotation (RFQ), so the documents that define what is being offered are clear, comparable and complete.
Contract formation
Getting from a tender to a signed contract cleanly, with the terms, special conditions and inclusions settled before award.
Risk allocation at tender
Setting how risk is shared before offers are sought, so tenderers price the real position and the awarded contract holds.
Common questions
What does procurement advice cover?
Procurement advice is about how a project is delivered and who carries which risk, decided before a contract is signed. It covers choosing the delivery model, structuring the tender, and setting the terms on which offers are sought, so the contract you end up with reflects the project you actually have. Getting this right at the outset avoids the variations and disputes that flow from a mismatch between the project and its contract.
Which procurement model should I use?
It depends on who holds the design and how you want risk allocated. Construct-only models keep the design with the principal; design and construct models pass it to the contractor; cost-plus and managed models suit projects where scope is still evolving. The right choice turns on the design, the certainty you need on price and time, and the risk each party can realistically manage. Advice tailored to your project points to the model that fits.
Can you help prepare or review tender documents?
Yes. Whether you are issuing a tender or responding to one, the documents decide what is being offered and on what terms. Christopher advises on preparing tender documentation that is clear and complete, and on reviewing a tender before you commit, so the eventual contract holds no surprises.
What is the difference between an RFT, RFP and RFQ?
They differ in what the principal is asking for. A request for tender (RFT) seeks full offers against a defined scope and contract, and is the usual route to a construction contract. A request for proposal (RFP) invites tenderers to propose how they would deliver the project, and suits work where the solution is not yet fixed. A request for quotation (RFQ) seeks pricing on a scope that is already settled. Choosing the right instrument, and attaching the right contract terms to it, shapes what you can compare and the contract you end up with.
How does the contract choice affect the tender?
The contract and its special conditions shape what tenderers price and how risk is shared, so they should be settled before the tender goes out, not bolted on afterwards. When the contract is chosen and amended up front, tenderers price the real risk allocation, and the awarded contract reflects what everyone understood they were agreeing to.
Keep reading
Australian Standard Contracts
The standard forms most tenders are built on: AS 4000, AS 2124, AS 4300 and AS 4902.
ContinueContract Review
Review of the contract behind the tender, before you commit to it.
ContinueSpecial Conditions
The amendments that set risk allocation, settled before the tender goes out.
ContinueCredentials
- Dual-qualified solicitor and registered architect
- 40+ years in the construction industry
- Adjudicator across five Australian jurisdictions
- Fellow of the Australian Institute of Architects (FRAIA)
- Former NSW & Queensland Editor, Building & Construction Law Journal