J&A Developments Ltd v Edina Manufacturing Ltd. concerned failure by the employer to adhere to the Code of Procedure for Single Stage Selective Tendering 1996. The principles of the Code were expressly incorporated into the tender and the court held that this created a contractual obligation to comply with those principles. Unusually the judge found that had the principles been followed the claimant was virtually certain to have been awarded the contract and awarded damages for both the cost of preparing the tender and for loss of profit (subject to a discount of 20% for regular staff being freed for other activities).
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