There’s a Process for excluding low Bids – use it properly or don’t do it! Another successful Challenge against Award of a substantial Government Project

06 Jul 2016 | by Rebecca Haynes

Mr Justice Colton, sitting in the High Court in Belfast, concluded last week that the Department for Regional Development was in breach of the Public Contracts Regulations 2006 in respect of the award of a contract to design and construct the A8 dual carriageway between Belfast and Larne. In short, he found that the Defendant’s decision to treat the tender submitted by the Plaintiff, FP McCann Ltd (and its JV partner Balfour Beatty), as an abnormally low tender was flawed, though not necessarily manifestly unreasonable. He held that an award of damages on the basis of loss of a chance was however the appropriate remedy for the breaches of Regulation 30 and has invited the parties to make further submissions as to quantum.

Michael Bowsher QC of Monckton Chambers led David Scoffield QC of the NI Bar Library for the Plaintiff, FP McCann Ltd.

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The Comment made in this case note are wholly personal and do not reflect the views of any other members of Monckton Chambers, its tenants or clients.