This article follows on a previous article in which the suitability of the private law of contract for public procurement, a necessarily public process, was determined. It was established that contract law is ill suited to the needs of a public process. In this article, a relational public procurement law for the construction industry is suggested and is based on the American relational contract theory. It is recommended that relational construction procurement law will remove the obstacles placed by the private law of contract in order to better comply with legal rules for construction procurement in South Africa.

Keywords: public procurement; relational contract theory