Enhancing Fairness in Construction Contracts: Key Considerations for Equitable Tender Negotiations and Risk Allocation for Tier 2 Contractors

Abstract

This study investigates fairness in construction contracts, with a focus on equitable tender negotiations and risk allocation practices impacting Tier 2 contractors. Drawing from international legal frameworks, contract standards, and industry best practices, the paper identifies systemic risks faced by Tier 2 contractors and proposes key contractual measures to mitigate them. Findings emphasize the importance of balanced liability, defined delay entitlements, reasonable payment terms, and protective legal clauses. The research contributes practical strategies for improving contract equity and sustainability in construction supply chains.