Anthony Sidwell

The significance of the tendering contract on the opportunities for clients to encourage contractorled innovation

During the tendering process for most major construction contracts there is the opportunity for bidders to suggest alternative innovative solutions. Clearly clients are keen to take advantage of these opportunities, and equally contractors want to use their expertise to establish competitive advantage. Both parties may very well benefit from the encouragement of such innovation and the availability of cheaper methods of construction than have been contemplated by the tendering authority. However recent developments in common law have raised doubts about the ability of owners to seek alternative tenders without placing themselves at risk of litigation. This common law has recognised the existence of the so‐called “tendering contract” or “process contract”. Since the tendering process is inherently price competitive, the application of the tendering contract concept is likely to severely inhibit the opportunity for alternative tenders. The “tendering contract” is automatically brought into being upon the timely submission of a conforming tender. This is contrary to the traditional view that an invitation to tender was considered to be no more than an invitation to treat, therefore submission of a tender creates obligations for neither party. Under the “tendering contract”, the owner becomes obliged to treat all tenderers equally and fairly. This paper is primarily based on the literature review. The aim of this paper is to highlight the problems with the competitive tendering process in relation to contractor‐led innovation and explore ways in which owners can develop procurement procedures that will allow and encourage innovation from contractors.

Re-engineering the construction delivery process: The Museum of Tropical Queensland, Townsville - A Case Study

The recently constructed Museum of Tropical Queensland in Townsville is reviewed as a case study in research into re-engineering the construction delivery process. The project involved an innovative approach to the procurement of a public building and resulted in a highly successful outcome. Several key areas which were identified as contributing to the success of this project need to be investigated further to establish their role in contributing to the success of other construction industry projects.

Raised floor system: A paradigm of future office building fitout?

Publisher Summary The intelligent buildings are becoming increasingly popular for office buildings with the evolving requirements of the occupants and owners of office buildings, and with the emerging IT and telecommunication technologies. Raised floor systems (RFS), as a core component of intelligent building system and with its ability to integrate building control, wire and cable management, HVAC, power, connectivity, fire protection, security, and asset management into a whole system, has the potential of meeting the evolving requirements of office buildings. As RFS applications are becoming an integral module of intelligent building systems adopted in office buildings in the US and Europe, it is necessary to explore the potential and benefits of RFS under Australian conditions. A RFS research with Australian local characteristics is now being carried out at Queensland University of Technology, Brisbane, dealing with product specification, whole of life cost-benefit analysis, constructability, utilities and system integration, and facility management during reconfiguration. The research might involve RFS installation, implementation, monitoring, and maintenance procedures.