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An increasing feature of commercial activity, the tendering process can, by its very nature, be risky for the parties involved and lead to unforeseen consequences.

Being able to advise clients on the process in the first instance and alert them to some of the possible pitfalls that may arise may prove invaluable.

With a review of recent case law, this On Demand webinar considers how tender agreements work and how to get the best result for clients involved in a tendering process.

Learning outcomes 

  • Understand better the collateral ‘process’ contracts and the obligations that may arise in tendering situations, as well as other applicable law and recommended terms and conditions 
  • Gain insights into recent case law (including South Waikato District Council v Roading and Asphalt Limited [2013] NZCA 566, Attorney-General v Problem Gambling Foundation of New Zealand [2016] NZCA 609 and Rintoul Group Ltd v Far North District Council [2017] NZHC 1132), as well as the Sale of Real Estate by Tender (ADLS 4th Edition 2012 (8), 1 September 2017).
  • Learn more about some of the practical aspects of the tender process and how these may best be dealt with. 

Who should view?

Commercial, construction, in-house, property and government lawyers. General practitioners may also benefit.


Order timeframe

Access details will be delivered via email within 15 minutes.


James Carnie


James is a Partner in Clendons and has more than 20 years’ experience as a commercial solicitor, advising a wide range of businesses in that time. 

His experience includes a variety of work involving tendering processes, the set-up of tenders for principals, participation in tenders by bidding parties, advising consortia on combined tender bids and intra-consortium arrangements, and disputes arising from tenders. 

James has previously presented on tendering law for ADLS.

Trina Lincoln
Commercial Legal & Risk Manager

Trina is a qualified lawyer with nearly 20 years’ experience specialising in all aspects of the construction industry. Trina has worked in leading law firms in Auckland and London and has acted as a mediator and adjudicator under the Construction Contracts Act 2002.  

Trina was instrumental in setting up the NZ Society of Construction Law and was the Chair of the Canterbury Chapter of the National Association of Women in Construction and then a member on the National Board.

Trina is responsible for the legal and commercial management of Hawkins Construction. Within this role, Trina recognises the importance of working closely with clients, consultants and subcontractors and in having a practical and pragmatic approach. 

Trina is a member of the New Zealand Law Society, Arbitrators and Mediators Institute of New Zealand and the NZ Society of Construction Law.  Trina remains involved with the National Association of Women in Construction sitting on the Auckland Chapter Board.