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Abdul-Aziz, A-R (1998) Adapting procurement practices to suit a host country as a probable localization tactic. Journal of Construction Procurement, 4(01), 45–58.

Abdul-Aziz, A-R (2001) Clandestine foreign site operatives in Japan: a focus on Malaysians. Journal of Construction Procurement, 7(01), 51–72.

Akintoye, A, Beck, M, Hardcastle, C, Chinyio, E A and Asenova, D (2003) Outsourcing the Risk Analysis Function in 'Private Finance Initiative' Projects. Journal of Construction Procurement, 9(01).

Al-Meshekeh, H S and Langford, D A (1999) Conflict management and construction project effectiveness: a review of the literature and development of a theoretical framework. Journal of Construction Procurement, 5(01), 58–75.

Baden-Hellard, R (1996) The partnering philosophy: a procurement strategy for satisfaction through a teamwork solution to project quality. Journal of Construction Procurement, 2(01), 41–55.

Badger, W W and Mulligan, D E (1995) An implementation model of an alliance. Journal of Construction Procurement, 1(01), 21–37.

Baldwin, A N and McCaffer, R (2000) Identifying research requirements for collaborative design. Journal of Construction Procurement, 6(01), 56–66.

Birnie, J (1999) Private Finance Initiative (PFI): UK construction industry response. Journal of Construction Procurement, 5(01), 5–14.

Bowen, P A and Edwards, P J (1998) Building cost planning and cost information management in South Africa. Journal of Construction Procurement, 4(01), 16–26.

Chen, P H and Chang, L M (2002) Feasibility analysis of Taiwan high speed rail project. Journal of Construction Procurement, 8(01), 64–78.

Cheung, S-O (1997) Risk allocation: an essential tool for construction project management. Journal of Construction Procurement, 3(01), 16–27.

Chritamara, S and Ogunlana, S O (2001) Problems Experienced on Design and Build projects in Thailand. Journal of Construction Procurement, 7(01), 73–93.

Consoli, G G S (2004) Conducting an ethno-methodological study for the comparison of private and public prison delivery processes in Australia. Journal of Construction Procurement, 10(01).

Cox, A and Thompson, I (1998) Has contracting lost its customer focus?. Journal of Construction Procurement, 4(01), 5–15.

Craig, R (1999) How innovative is the common law of tendering?. Journal of Construction Procurement, 5(01), 15–26.

  • Type: Journal Article
  • Keywords: competition; design innovation; obligation; procurement; tendering
  • ISBN/ISSN: 1358-9180
  • URL:
  • Abstract:
    Traditional design-by-owner remains an important procurement option despite the advances made by design-build in recent years. Contractor-led innovation is important and desirable in both procurement options, yet traditional design-by-owner procurement processes prevent, restrict or even discourage such innovation. Developments in common law are revealed which result in contractual obligations for the procurer which might further inhibit innovation, as the procurer becomes obliged to treat all tenderers equally and fairly. The theory of the tendering contract is introduce and the problems for the procurer discussed when presented with a non-conforming alternative tender that offers a significant cost-saving against conforming tenders. However, if accepted, puts the procurer in breach of contract to at least one aggrieved tenderer. The conclusion is reached that in order to properly consider alternative tenders without failing in its obligation to treat all conforming tenderers equally and fairly, the owner must make specific provisions within tender conditions which create the power to consider alternative proposals. The owner must also define the permitted scope of such alternatives, and set evaluation criteria and any relevant weighting of criteria which will be applied in a contract evaluation and award process. The owner needs to strike a balance between, on the one hand, restricting or inhibiting innovation, and on the other, permitting such a wide scope of innovative proposals that the solution adopted bears no relationship to the original project for which tenders were invited. It therefore becomes important for the procurer to design the tender process rules so as to encourage contractor-led innovation, yet at the same time place some limit on the scope for such innovation. The limits must be such that the project delivered is still the project for which tenders were invited. A contract awarded to one tenderer for a product quite different from that which was tendered for probably results in the procurer's breach of the tendering contract' and consequent liability to pay damages to the other injured tenderer(s).

Davenport, D M and Smith, R (1995) International procurement systems: assessment of required levels of client participation in construction projects. Journal of Construction Procurement, 1(01), 38–49.

Dawood, N N (2001) Development of a Forecasting Methodology for Cost Indices: An Application to the Greek Construction Industry. Journal of Construction Procurement, 7(01), 42–50.

Diekmann, J, Ashley, D, Bauman, R, Carroll, J and Finlayson, F (2000) Viability of Privatised Transportation Projects: An Evaluation Tool For Design/Build Teams. Journal of Construction Procurement, 6(01), 33–43.

Dowd, V G (1996) The effect of economic cycles on the development and use of alternative procurement systems in the UK construction industry during the period 1965-1995. Journal of Construction Procurement, 2(01), 11–29.

Edkins, A J and Smyth, H J (2006) The imperative of trust in PPPs: evaluations from the provision of ‘full service’ contracts. Journal of Construction Procurement, 12(01).

Edwards, P J and Bowen, P A (1999) Risk and risk management in construction projects: concepts, terms and risk categories re-defined. Journal of Construction Procurement, 5(01), 47–57.

Goodchild, B and Beatty, C (2000) Assessing the procurement practices of housing associations: a case study of new build in Scotland. Journal of Construction Procurement, 6(01), 20–32.

Gounden, S (1996) Reconstruction and development in South Africa: the construction industry and related procurement reform. Journal of Construction Procurement, 2(01), 3–10.

Graham, P M and Walker, D H T (2000) First Steps Towards Acheiving Environmental Sustainability for Developed Projects - An Holistic Life-Cycle Procurement Objective. Journal of Construction Procurement, 6(01), 67–84.

Greenwood, D J and Yates, D J (2006) The determinants of successful partnering: a transaction cost perspective. Journal of Construction Procurement, 12(01).

Hampson, K and Kwok, T (1997) Strategic alliances in building construction: a tender evaluation tool for the public sector. Journal of Construction Procurement, 3(01), 28–41.

Hassan, T M and McCaffer, R (2003) Virtual Enterprises in Construction: ICT, Social and Legal Dimensions. Journal of Construction Procurement, 9(01).

Hassanein, A A G and Afify, H M F (2006) Contractors' risk identification behaviour: a case study. Journal of Construction Procurement, 12(01).

Hindle, R D and Muller, M H (1997) The role of education as an agent of change: a two-fold effect. Journal of Construction Procurement, 3(01), 56–69.

Hoare, D and Broome, J (2001) Bills of Quantities versus Activity Schedules for Civil Engineering Projects. Journal of Construction Procurement, 7(01), 11–26.

Holt, G D, Proverbs, D G and Whitehouse, L (2001) A survey of public sector procurement in England. Journal of Construction Procurement, 7(01), 3–10.

Hunter, K and Kelly, J (2004) Value management workshops and partnering conundrums. Journal of Construction Procurement, 10(01).

Ibrahim, A D, Price, A D F and Dainty, A R J (2006) An analysis of success factors for public private partnerships in infrastructure projects in Nigeria. Journal of Construction Procurement, 12(01).

Kashiwagi, D T, Halmrast, C T and Tisthammer, T (1996) Intelligent procurement of construction systems. Journal of Construction Procurement, 2(01), 56–65.

Kenley, R, London, K and Watson, J (2000) Strategic procurement in the construction industry: mechanisms for public sector clients to encourage improved performance in Australia. Journal of Construction Procurement, 6(01), 4–19.

Khalfan, M M A and McDermott, P (2006) Once unthought, now the best practice within the construction sector. Journal of Construction Procurement, 12(01).

Kumaraswamy, M, Rowlinson, S and Phua, F (2002) Accelerating cultural changes through innovative procurement processes: a Hong Kong perspective. Journal of Construction Procurement, 8(01), 3–16.

Lahdenperä, P (2001) An Analysis of the Statistics on Project Procurement Methods in Finland, 1989-1998. Journal of Construction Procurement, 7(01), 27–41.

Lam, E W M, Chan, A P C and Chan, D M W (2006) Drivers for design-build applications in the public sector of Hong Kong. Journal of Construction Procurement, 12(01).

Langford, D A, Abukhder, J, Murray, M, Hardcastle, C and Vernea, E (2004) Rethinking construction: what about the SMEs?. Journal of Construction Procurement, 10(01).

Langford, D, Martinez, V and Bititci, U (2003) Best value in construction: towards an interpretation of value from client and constructor perspectives. Journal of Construction Procurement, 9(01).

Lau, E and Rowlinson, S (2005) The value base of trust for the construction industry. Journal of Construction Procurement, 11(01).

Leung, M-y and Yu, R K T (2003) An Investigation of Conflict Resolution in the Construction Industry. Journal of Construction Procurement, 9(01).

Lewis, T M (2005) Public procurement and corruption in Trinidad and Tobago. Journal of Construction Procurement, 11(01).

Ling, F Y Y and Kumaraswamy, M M (2005) The role of trust in team integration: a survey of contractors, consultants and clients in Singapore. Journal of Construction Procurement, 11(01).

Merchant, A and Bajaj, D (2002) An analysis of the use of the "design-build" project delivery system by interior design firms, and its effectiveness in delivering fit-out projects. Journal of Construction Procurement, 8(01), 17–34.

Moore, D R and Dainty, A R J (2000) Work-Group Communication Patterns in Design and Build Project Teams: An Investigative Framework. Journal of Construction Procurement, 6(01), 44–55.

Morledge, R and Adnan, H (2006) Critical Success Factors in Construction Joint Venture Projects in Malaysia. Journal of Construction Procurement, 12(01).

Naoum, S G and Mustapha, F H (1995) Relationship between the building team, procurement methods and project performance. Journal of Construction Procurement, 1(01), 50–63.

Ngowi, A B (1997) Impact of culture on construction procurement. Journal of Construction Procurement, 3(01), 3–15.

Pryke, S D (2004) Analytical methods in construction procurement and management: a critical review. Journal of Construction Procurement, 10(01).

Rashid, K B A and Morledge, R (1998) Constraints in resources and functions within the process of construction procurement in Malaysia. Journal of Construction Procurement, 4(01), 27–44.

Rashid, K B A and Morledge, R (1999) Strategies to remove or alleviate constraints affecting the processes of construction procurement in Malaysia. Journal of Construction Procurement, 5(01), 27–41.

Ren, Z, Carter, C D, Hassan, T M and Anumba, C J (2005) Trust building for SMEs through an e-engineering hub. Journal of Construction Procurement, 11(01).

Ross, A D and Goulding, J S (2006) The construction estimator’s approach to the collection and assessment of supply chain price information. Journal of Construction Procurement, 12(01).

Seymour, D E and Rooke, J D (1998) Construction management research and the attempt to build a social science. Journal of Construction Procurement, 4(01), 59–73.

Shen, Q and Liu, G (2002) Value management applications in China's construction industry. Journal of Construction Procurement, 8(01), 35–47.

Smith, A and Wilkins, B (1996) Team relationships and related critical factors in the successful procurement of health care facilities. Journal of Construction Procurement, 2(01), 30–40.

Soetanto, R, Proverbs, D G and Cooper, P (2002) A tool for assessing contractor performance. Journal of Construction Procurement, 8(01), 48–63.

Songer, A D and Ibbs, W C (1995) Managing requests for proposal development in public sector design-build. Journal of Construction Procurement, 1(01), 64–80.

Swan, W, McDermott, P, Khalfan, M M A, Cooper, R, Rees, C and Wood, G (2005) The Development of Trust Inventory. Journal of Construction Procurement, 11(01).

Tah, J H M, Aouad, G, Lee, A and Wu, S (2004) Conceptual information modelling for risk analysis and management in an nD-modelling environment. Journal of Construction Procurement, 10(01).

Thorpe, A, Dainty, A R J and Hatfield, H (2003) The realities of being preferred: specialist subcontractor perspectives on restricted tender list membership. Journal of Construction Procurement, 9(01), 47-55.

Walker, D H T (1997) Construction time performance and traditional versus non-traditional procurement methods. Journal of Construction Procurement, 3(01), 42–55.

Walker, D H T (1995) The influence of client and project team relationships upon construction time performance. Journal of Construction Procurement, 1(01), 4–20.