Tag: which would have been McAlpine’s fee had their tender been accepted (1% of the final construction costs).  Scots Law News wonders whether McAlpine’s advisers have considered the common law on neg

The construction company Sir Robert McAlpine Ltd announced on 22 December 2004 that it was suing the Scottish Parliamentary Corporate Body (SPCB) in the Court of Session in respect of the tendering process for the construction management contract for the Scottish Parliament building at Holyrood.  McAlpine was one of the unsuccessful tenderers, and the contract was awarded to Bovis Lend Lease, even although it had initially been excluded from the competition on cost grounds.  As the Fraser Report (see No 383; also No 299(6)) showed, McAlpine had submitted the lowest tender, but Bovis was allowed to re-jig its tender and, upon the instruction of a Scottish Office civil servant who was the project sponsor” (Mrs Barbara Doig)