Introduction

Construction project failures are not always due to issues at the execution site; rather, the reasons often lie long before the project begins, during the preparation of the terms and specifications and the tendering process. When tender terms are vague, contradictory, or copied from older projects that are unsuitable for the nature of the current project, the project is likely to fail. Here, we will discuss the reasons for this problem, how it leads to project failures, and the best solutions to avoid them

First: The Hidden Roots of Weak Drafting of Tender Terms
An error in drafting tender terms is not merely a linguistic slip, but rather the result of administrative and technical shortcomings, summarized as follows:

• The policy of copying and pasting, with some entities relying on ready-made templates or tender documents from previous projects without modifying them to suit the technical and environmental requirements of the new project.
• Neglecting risk assessment by failing to clarify how to deal with emergencies, changes in material prices, or unforeseen obstacles in the tender terms.

Second: How Ambiguous Clauses Can Derail a Project
The lack of clarity in the scope of work opens the door wide to subjective interpretations, inevitably leading to the following consequences:

• Significant Discrepancies in Financial Bids: When a clause is ambiguous, a professional contractor will price it high to cover risks, while a less experienced contractor will price it very low, resulting in the project being awarded to an unqualified contractor who will subsequently encounter difficulties.
• Numerous Change Orders: As soon as the contractor discovers that there are necessary works not explicitly stated in the clauses, they will immediately request change orders, increasing the project cost and exceeding the allocated budget.
• Disputes and Work Stoppages: Constant disagreements between the consultant and the contractor regarding the interpretation of ambiguous clauses.
• Compromise on Quality: If the contractor is forced to perform work for which they did not calculate the cost due to the ambiguity of the clause, they will compensate for their losses by using inferior materials or unskilled labor.

Thirdly, appropriate solutions to avoid potential problems:
The owner or consultant must follow these steps:

• A comprehensive team should scrutinize and review the tender documents, especially those with overlapping specializations.
• Use standardized language: Replace vague descriptive terms (good, excellent, superb, suitable) with clear numbers, standard specifications, and codes.
• Document contractor inquiries: Hold a pre-tender meeting to address any ambiguities and issue addenda (clarifying these responses to become an integral part of the contract).
• Define acceptance and rejection criteria: Each clause must clearly state the standards for accepting the work and the required tests.

Conclusion

Precise drafting of tender documents is the first line of defense against project failures. Every hour invested in reviewing and scrutinizing the tender documents saves months of disputes.