Hey all, i was chatting to a dad at my son's football match today and his firm are one of two remaining contenders for a contract to be a part of the build of the new main stand at Selhurst Park. I'm avoiding giving more details in case it could cause an issue.

Hopefully this is good news that we will actually see the build happening in our lifetime and Parish will deliver once again on his promises!!!

I really hope he doesn't hand the baton on once the main stand is built. I know we all have different views on his achievements but he has been brilliant as far as i can see.

I was chatting with some random person named Larry who told the same story.

If your info is legit you would give the names of the people who are in the running this is not an issue and not secret info so the whole cause issues is BS that is not how construction industry works.

Palace has had no real interest from people to take over so why would SP just leave plus this is the biggest pay package he has ever received in his current role.

Your name suits you, grumpymort.

Have you ever considered the tender might be private at this stage and could cause issues for those involved if i reveal details?

Also, you don't have to believe me, i don't really care. I heard it and thought i'd pass it on. You can take it or leave it.

Finally Grumpy - here is chat GPTs gathering of legislative requirements surrounding privacy in a construction tender process

In the UK, the confidentiality of information during construction tenders, particularly for private companies, is governed by various legal frameworks and practices.

1. **General Legal Framework for Protecting Confidential Information**:
- **Common Law and Trade Secrets**: The UK has two overlapping regimes to protect business information: common law confidential information and the Trade Secrets (Enforcement, etc.) Regulations 2018. Information is protected under common law if it has a 'quality of confidence', is provided in circumstances that imply an obligation of confidentiality, and any unauthorized use or disclosure has or will cause detriment to the information owner【14†source】.
- **Tests for Confidentiality**: There are specific tests under UK law to determine if information is 'confidential':
- The information must be objectively confidential, not just labeled as such.
- The recipient must know or should have known that the information is confidential.
- Unauthorised use or disclosure of the information must cause or will cause a detriment to the information owner【14†source】.

2. **Specifics in Private Sector Construction Tenders**:
- **Implied Contracts and Litigation Risks**: In the private sector, the tender process often includes implied contracts, and breaches can lead to claims for damages. Litigation may arise from various relationships, such as between contractors and employers or subcontractors and main contractors. The professional team, including architects, can also be involved in legal disputes regarding the tender process【20†source】.
- **JCT Guidance and Fair Play**: The JCT Tendering Practice Note 2012 is often referenced in contracts and recognized by courts as providing rules for the tendering process. This guidance enshrines a sense of 'fair play', recognizing that participants in tenders invest time and money. It implies that significant departures from the established criteria of the tendering process can open parties to legal challenges, even if a specific clause has not been breached【20†source】.
- **Reducing Prices and Contractual Obligations**: The JCT Practice Note also addresses the issue of altering a contractor’s tendered prices without justification. A case in point is J&A Developments Ltd v Edina Manufacturing Ltd, where the court found that a rejection of a tender breached a contractual obligation, leading to a successful lawsuit for wasted tender costs and loss of profit【21†source】.

3. **Confidentiality During the Tender Process**:
- **Confidentiality of Supplier Plans**: Specific information about the supplier's plans to meet the client's requirements must remain confidential. This is crucial during stages like mid-tender interviews, where additional information or changes to the tender documents are shared among all prospective suppliers to ensure fairness. This practice helps maintain the integrity of the tender process and protects sensitive information related to suppliers’ strategies and approaches【31†source】.

In summary, in the UK, the confidentiality of information during construction tenders is protected under both common law and specific regulations like the Trade Secrets Regulations. The legal frameworks emphasize the importance of fairness and the protection of confidential information, with specific guidelines and legal precedents underscoring these principles. This legal landscape ensures that while the tender process is competitive and transparent, sensitive business information remains protected.

Edited by rob1861 (11 Nov 2023 4.58pm)

Edited by rob1861 (11 Nov 2023 5.12pm)

Your name suits you, grumpymort.

Have you ever considered the tender might be private at this stage and could cause issues for those involved if i reveal details?

Also, you don't have to believe me, i don't really care. I heard it and thought i'd pass it on. You can take it or leave it.

Finally Grumpy - here is chat GPTs gathering of legislative requirements surrounding privacy in a construction tender process

In the UK, the confidentiality of information during construction tenders, particularly for private companies, is governed by various legal frameworks and practices.

1. **General Legal Framework for Protecting Confidential Information**:
- **Common Law and Trade Secrets**: The UK has two overlapping regimes to protect business information: common law confidential information and the Trade Secrets (Enforcement, etc.) Regulations 2018. Information is protected under common law if it has a 'quality of confidence', is provided in circumstances that imply an obligation of confidentiality, and any unauthorized use or disclosure has or will cause detriment to the information owner【14†source】.
- **Tests for Confidentiality**: There are specific tests under UK law to determine if information is 'confidential':
- The information must be objectively confidential, not just labeled as such.
- The recipient must know or should have known that the information is confidential.
- Unauthorised use or disclosure of the information must cause or will cause a detriment to the information owner【14†source】.

2. **Specifics in Private Sector Construction Tenders**:
- **Implied Contracts and Litigation Risks**: In the private sector, the tender process often includes implied contracts, and breaches can lead to claims for damages. Litigation may arise from various relationships, such as between contractors and employers or subcontractors and main contractors. The professional team, including architects, can also be involved in legal disputes regarding the tender process【20†source】.
- **JCT Guidance and Fair Play**: The JCT Tendering Practice Note 2012 is often referenced in contracts and recognized by courts as providing rules for the tendering process. This guidance enshrines a sense of 'fair play', recognizing that participants in tenders invest time and money. It implies that significant departures from the established criteria of the tendering process can open parties to legal challenges, even if a specific clause has not been breached【20†source】.
- **Reducing Prices and Contractual Obligations**: The JCT Practice Note also addresses the issue of altering a contractor’s tendered prices without justification. A case in point is J&A Developments Ltd v Edina Manufacturing Ltd, where the court found that a rejection of a tender breached a contractual obligation, leading to a successful lawsuit for wasted tender costs and loss of profit【21†source】.

3. **Confidentiality During the Tender Process**:
- **Confidentiality of Supplier Plans**: Specific information about the supplier's plans to meet the client's requirements must remain confidential. This is crucial during stages like mid-tender interviews, where additional information or changes to the tender documents are shared among all prospective suppliers to ensure fairness. This practice helps maintain the integrity of the tender process and protects sensitive information related to suppliers’ strategies and approaches【31†source】.

In summary, in the UK, the confidentiality of information during construction tenders is protected under both common law and specific regulations like the Trade Secrets Regulations. The legal frameworks emphasize the importance of fairness and the protection of confidential information, with specific guidelines and legal precedents underscoring these principles. This legal landscape ensures that while the tender process is competitive and transparent, sensitive business information remains protected.

Edited by rob1861 (11 Nov 2023 4.58pm)

Edited by rob1861 (11 Nov 2023 5.12pm)

I was chatting with some random person named Larry who told the same story.

If your info is legit you would give the names of the people who are in the running this is not an issue and not secret info so the whole cause issues is BS that is not how construction industry works.

Palace has had no real interest from people to take over so why would SP just leave plus this is the biggest pay package he has ever received in his current role.