PROGRAM OF BUILDING SURVEYING

DEPARTMENT OF BUILT ENVIRONMENT STUDIES & TECHNOLOGY

COLLEGE OF BUILT ENVIRONMENT

UNIVERSITI TEKNOLOGI MARA SHAH ALAM CAMPUS

BSR609 – PROFESSIONAL PRACTICE I

TUTORIAL 1

PREPARED FOR:

SIR ZULKIFLI SAPECIAY

PREPARED BY:

NO. NAME MATRIC NO

1. ZALEENA BINTI AZEMAN 2020862844

GROUP:

AP2295A

SEMESTER:

OCTOBER 2022-FEBRUARY 2023

SUBMISSION DATE:

19 DECEMBER 2022
1. With example, present the differences between an ‘invitation to treat’ and ‘offer’
in relation to tender process in the construction industry.

Invitation to treat is an expression of willingness to enter into negotiations which it is

hoped will lead to the conclusion of a contract at a later date. It is a statement indicating
the maker’s willingness to receive offers. There is no intent to be legally bound
immediately and there is no contract. It is a contractual process which does not bring
any legal implication unlike offer. For an example, developer opens a tender to
everyone and everyone can submit their own price of the tender on their own will. When
a tender for a project is open, is it called an invitation to treat. From here it can be seen
that there is no contract formed yet as it is not an actual contract agreed and signed by
both parties.

Once an offer is made, it is subject to acceptance by the party. Any negotiating

statement falling short of an offer which furthers the bargaining process. So basically,
offer is a statement by one party of a willingness to enter into a contract on stated terms,
provided that these terms are in turn, accepted by the party or parties to whom the offer
is addressed. For an example, the submitted tender for the project opened just now is
the offer. It is up to the developer whether to accept or reject the offer.