Tender Rejection Legal Defense

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Summary

A sub-contractor is suing for loss and costs after a tender bid was rejected. In Malaysia, the sub-contractor must prove breach of contract or negligence. Key elements include duty of care, breach, causation, and damages. To defend, you can deny duty of care, deny breach, dispute causation, or limit damages. Essential documents include the contract agreement, communication records, evidence of procedure, and financial records. Consult a lawyer for specific advice.

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Sued by prospective sub contractor who participated in a tender submission
Hello ****, could you please provide some more information about the nature of the lawsuit? Are there any specific claims made by the sub-contractor?
Tender bid was rejected. Sub contract is suing for loss and costs
Hello ****, based on the details you've provided, here are some general points to consider:
- In Malaysia, the sub-contractor may have a claim if they can prove breach of contract or negligence.
- The burden of proof lies with the claimant, i.e., the sub-contractor.
- They need to establish that there was a duty of care, breach of it, and this breach caused them loss.
It's recommended to consult a lawyer for specific advice.
what is duty of care
"Duty of Care" is a legal obligation imposed on an individual requiring adherence to a standard of reasonable care while performing acts that could potentially harm others. It's a key component in the tort of negligence.
explain tort of neglience
The tort of negligence involves the following principles:
*. Duty of Care: Legal obligation to avoid causing harm to others.
*. Breach of Duty: Failing to fulfill the duty of care.
*. Causation: The breach directly caused the harm or loss.
*. Damages: The claimant suffered actual harm or loss as a result.
Remember, these are general principles, specific laws may vary.
how to put up a defense
To defend against a claim of negligence, you might consider:
- Deny Duty of Care: Argue that you didn't owe a duty of care.
- Deny Breach: Argue that you didn't breach your duty of care.
- Dispute Causation: Argue that your actions didn't cause the loss.
- Limit Damages: Minimize the loss claimed.
Please consult a lawyer for specific advice.
what specific actions or records need to be produce
To put up a defense, you may need to produce:
- Contract Agreement: To show the terms and conditions.
- Communication Records: To demonstrate your actions and responses.
- Evidence of Procedure: To illustrate adherence to protocols.
- Financial Records: To contest the claimed loss.
Remember, each situation is unique. Consult a lawyer for tailored advice.
thank you
You're welcome, ****! If you have any more questions in the future, don't hesitate to ask. Remember, it's always best to consult with a lawyer for your specific situation. Best of luck with your case.