07.The architect’s rights
Firstly, it is essential to appreciate that legal challenges should not be mounted to simply express dissatisfaction. Secondly, most will only be successful when the tenderer had at least a reasonable prospect of winning the contract in the absence of the alleged breach. Indeed, there is some suggestion that this probability needs to approach certainty.
Therefore, before embarking on a challenge the following need to be considered:
- The cost of a challenge (actions can be very expensive – in addition to lawyer fees and the costs associated with the handling of a trial, eg court fees and expert witnesses, etc, there may even be a requirement for an undertaking to pay damages to the respondent).
- The potential impact ...
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