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Articles Public Procurement 7th Sep 2020

Damages in Public Procurement Claims – Article from Jonathan Lewis

Public Law analysis written by Jonathan Lewis  

Back in 2009, the claimant, via a consortium, tendered for a phased road building contract. Its bid was excluded on the basis that it was abnormally low. It successfully challenged this decision, but the court was not prepared to find that, but for the breaches of the Public Contracts Regulations 2006 (PCR 2006), it would definitely have been awarded the contract. The defendant had entered into the contract with the successful tenderer. Mr Justice Colton therefore found himself with unenviable task of assessing the claimant’s recoverable losses. The claimant had only lost the opportunity to be awarded the contract, rather than lost the contract itself. As the contract was complex in nature, with two stages and numerous moving parts, this generated significant uncertainty and complexity in assessing which damages were recoverable and their quantum.

This article was first published by Lexis®PSL on 13 August, and is reproduced by kind permission of Lexis Nexis.  For more articles like this, please see here


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