Negotiating with Confidence: Partnering with Preferred Tenderers

Muscat Tanzer
Apr 2025

Negotiating with Confidence: Partnering with Preferred Tenderers

Navigating contract negotiations is a critical phase in the tendering process, particularly for local governments seeking to finalise agreements with their preferred tenderer. In the fifth and final instalment of our Probity, Procurement and Tendering Series, this article explores the key elements of effective negotiations and provides practical insights into developing a negotiation strategy, maintaining competitive tension and ensuring that the negotiation process is transparent, fair, and legally compliant.

Muscat Tanzer is a multi-faceted law firm providing end-to-end solutions. We bring a wealth of top-tier experience with a deep commitment to delivering exceptional legal solutions for our clients. Our team’s expertise spans large-scale infrastructure projects, complex construction and commercial disputes and nuanced government regulations and policy, allowing us to offer tailored advice and strategic insights to our clients in a variety of industries.

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Muscat Tanzer

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Acceleration Costs Claims: Claiming and Managing

Change and Variation Claims We are pleased to present this article on acceleration costs claims in collaboration with Anvelo. This article is the second article in our series of construction claims articles. In our previous article, we discussed change and variation claims. In construction, time is money. Delays can mean significant financial repercussions for both...

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Muscat Tanzer

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Change and Variation Claims

Change and Variation Claims Variations are an inevitable part of construction projects and a clear understanding of how to properly manage variation claims is critical to maintaining project delivery, protecting contractual entitlements, and minimising the risk of disputes. This article focuses on common types of variation claims. For more detail on administering variations, including the...

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Muscat Tanzer

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Probity in Procurement

Probity in Procurement The objectives of a local government procurement policy are generally to advance the local government’s priorities, achieve value for money, and ensure probity and accountability for outcomes. Probity requires the purchase to be conducted ethically, honestly, and with fairness to all participants. Accountability for outcomes is about being able to explain or...

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Muscat Tanzer

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Tender Process Risks and Strategies to Mitigate

Tender Process Risks and Strategies to Mitigate The below article on Tender Process Risks and Strategies to Mitigate is the third article in our five-part Probity, Procurement and Tendering Article Series. This article will be followed by articles on Probity Plans, and lastly Contract Negotiations. This article explores strategies for minimising risks in the tender...

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Muscat Tanzer

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Tendering and Process Contracts

Tendering and Process Contracts This article on tendering and process contracts is the second article in our five-part Probity, Procurement and Tendering Article Series. Requests for Tender (RTFs) have traditionally been viewed as invitations to treat, that do not create a legal or contractual obligation until a tender is accepted by the party inviting the...

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Muscat Tanzer

Tendering and Effective Contract Management

Tendering and Effective Contract Management The below article on tendering and effective contract management is the first article of our five-part probity, procurement and tendering article series. This article will be followed by tender and process contracts, tender process risks and strategies to mitigate, probity plans and contract negotiations. When undertaking a procurement process, careful...

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Muscat Tanzer

Post-Contract Award Contract Management

The Dos and Don’ts for reducing risk Effective contract management post-award is essential for minimising risk and ensuring that both parties to a contract fulfil their obligations. Whether you are the principal or contractor, clear communication, thorough documentation and timely responses are key to smooth project execution. Below, we explore the dos and don’ts of...

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Muscat Tanzer

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The Legal Implications of Contract Breaches

The Legal Implications of Contract Breaches IOdeally, parties to a contract would always fulfil all their obligations. Unfortunately, for often entirelyinnocent reasons, that is not always the case. Contract breaches remain a common challenge, with potential legal, financial and reputational consequences depending on their severity. This article explores the implications of contract breaches and strategies...

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Muscat Tanzer

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Variations

Contract Administration Article Series This is article two in our 6-part series on contract law and administration. We started the series with a contract law refresher, with articles on time, payment and security of payment, legal implications of contract breaches and post contract award contract management to follow over the course of the next four...

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Muscat Tanzer

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Time and Again – the Importance of Time in Construction Contracts

Contract Administration Article Series This is article three in our 6-part series on contract law and administration. We commenced our series with a contract law refresher followed by a high- level summary of contractual variations, with articles on payment and security of payment, legal implications of contract breaches and post contract award contract management still...

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Muscat Tanzer

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The Procurement Process – Part 2

The Procurement Process – Planning, Strategy and Legal Implications – Part 2 In Part 1 of this article series, we looked at strategies for adequately planning a procurement process, process contracts and managing risk in the planning stage. In part 2 of this article series, we consider the legal and probity implications for procurers and...

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Muscat Tanzer

Publications

The Procurement Process – Part 1

The Procurement Process – Planning, Strategy and Legal Implications – Part 1 Tendering for contracts, whether as procurer or supplier, is difficult and requires each party to consider a number of different factors. In this article, we discuss the key considerations that procurers and suppliers must have prior to the release of a tender. Procurement...

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Muscat Tanzer, founded by Paul Muscat and Craig Tanzer, is a specialist law firm on the Gold Coast providing expert legal services in infrastructure, construction, procurement, probity, commercial, and government law across Australia. Committed to growth and excellence, the firm continues to expand its team and fosters future legal talent through internships and graduate opportunities.

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Negotiating with Confidence: Partnering with Preferred Tenderers

Negotiating with Confidence: Partnering with Preferred Tenderers

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