Nadmetanje kao način zaključenja ugovora o građenju

Abstract

Paper analyses bidding as a method of formation of Construction Contract. After preliminary notes, in first part of the paper the author analyses fundamental characteristics of the bidding in general and makes reference to the most important sources of law in this area. Second part of the paper deals with the procedure of bidding, which can usually be divided in four stages. In preliminary stage the Employer shall choose the method of Project execution and organises drafting of the tender documents. In second stage, the Employer invites potential Tenderers to participate in bidding and provides them with tender documents. In third stage, the Employer evaluates capacities and qualifications of (potential) Tenderers and collects their bids. In fourth stage, the Employer evaluates bids and awards the Contract to the most advantageous Tenderer. Finally, author analyses precontractual liability arising out of bidding procedures.