Jurisdiction(s):
United Kingdom

Key definition

Contract definition

What does Contract mean? In legal practice, a contract is the enforceable agreement by which parties set out promises and allocate risk, whether made orally, in writing or by conduct. The law of contract is principally case-law driven across England & Wales, Scotland, Northern Ireland and Ireland, with statutory interventions on formalities, construction and consumer protection. In England & Wales, Northern Ireland and Ireland, formation generally requires offer, acceptance, consideration and an intention to create legal relations. In Scotland, consideration is not required; a contract is formed by agreement (consensus in idem) with the necessary intention, with writing only needed in defined cases. Key features...

Legality of requiring bidders to use a named third‑party supplier

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Q&As

This Q&A focUses on Public procurement under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102

As a general principle, the PCR 2015, SI 2015/102 affords bidders considerable latitude to shape bid partnerships and supply chain models to suit their approach. Under PCR 2015, SI 2015/102, reg 63(1), tenderers can draw upon the resources of other organisations to satisfy selection requirements covering economic and financial standing, along with technical and professional capability. A limited carve-out appears at PCR 2015, SI 2015/102, reg 63(7), which permits contracting authorities to stipulate that specified ‘critical tasks’ in a public services or public works contract must be carried out by the prime contractor, or by one from a consortium of primes. Put differently, suppliers are, in most cases, free to deploy their chosen subcontractors when delivering a public contract. That said, this is subject to any express exclusion within the tender documents that rules out the use of third parties for particular functions...

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Brendan Ryan

Clarke Willmott

Brendan is a lawyer based in Norton Rose Fulbright’s London office who advises primarily on public procurement, state aid and public/administrative law.He provides strategic advice to bidders, contracting authorities and utilities on the rules applicable to the award of major public contracts, including contentious and non-contentious procurement law. He has assisted organisations active in a number of sectors, including transport, energy, defence, infrastructure and healthcare. In addition, Brendan has advised public and private sector clients on judicial review, statutory powers and duties of public authorities, freedom of information and legislative drafting.Brendan studied law and French at University College Cork, and holds Masters’ degrees in public procurement law (University of Nottingham) and in public administration (College of Europe, Bruges). He is a qualified lawyer in England & Wales, and in Ireland....

Web page updated on 27/05/2026

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