Practice Areas / Litigation & Arbitration / Tender & Procurement Disputes
Tender & Procurement Disputes
Strategic legal representation for complex public and private procurement disputes. We help businesses navigate tender challenges, contractual issues, and regulatory requirements while protecting their commercial interests.
Navigating Procurement Challenges with Precision.
We advise public and private sector clients on contentious procurement and tender matters, from the design and evaluation of the tender process through award and execution of the resulting contract. Our work involves challenges to eligibility criteria, technical and financial evaluation, disqualification, award decisions and procurement processes, as well as disputes arising after award concerning performance, variation, termination and contractual obligations. We represent clients before High Courts and other appropriate judicial and statutory forums, including in urgent proceedings where interim relief is required to protect the procurement process or the client’s commercial interests.
What We Handle
Tender and bid challenges: Advise and represent bidders and procuring entities in disputes concerning tender conditions, eligibility and qualification requirements, bid disqualification, technical and financial evaluation, rejection of bids and award decisions.
Procurement process disputes: Advise on challenges alleging arbitrariness, discrimination, procedural irregularity, unequal treatment or deviation from prescribed tender conditions, including issues concerning modification or interpretation of tender requirements and exercise of discretion by procuring authorities.
Post-award contractual disputes: Represent clients in disputes arising after award of a tender, including contract execution, performance obligations, payment, variation, delay, extension, suspension and termination, and disputes concerning the interpretation and enforcement of procurement contracts.
Judicial review and interim relief: Represent clients before courts in tender and procurement litigation, including proceedings seeking interim and injunctive relief, and advise on the scope of judicial review of procurement decisions and the appropriate remedies available to affected bidders and contracting parties.
Representative Experience
Wind farm EPC dispute arising from delayed employer consents. Represented a project developer/employer in a post-award contractual dispute with the EPC contractor in relation to a wind farm project, arising from delays in the employer providing contractual consents and approvals required for project execution. The dispute involved the cascading consequences of such delays on EPC performance, project milestones and completion timelines, including the parties’ competing positions on responsibility and contractual consequences.
Advised on the contractual allocation of risk for employer-caused delay, the linkage between approval obligations and the EPC contractor’s performance milestones, and the resulting claims and defences concerning extension of time, delay-related consequences, payment and other contractual entitlements. Represented the client in addressing the contractor’s claims and establishing the contractual and factual basis for the employer’s position.