All deals & cases

COBALT advised construction company in complex tender dispute in the field of defence and security

2021-03-29

COBALT advised a well-known construction company in a complex dispute related to the outcome of an procurement in the field of defence and security. The object of the procurement consisted in performance of construction work, and the tender amounted to more than 8 million euros.   

The dispute involved technically and legally complex issues regarding jurisdiction of the Public Procurement Review Committee and court, as well as the obligation of the contracting authority to ensure the clarity and unambiguity of the procurement documents, and the compliance of a tender.

As a result of our work, our client achieved the annulment of the decision to reject the tender. Tallinn Administrative Court seised of the matter concluded, inter alia, that the jurisdiction to resolve a dispute deriving from an exceptional procurement involving a state secret lies with a court, not with the Review Committee (despite the fact that the dispute did not concern the part covered by state secret) and that the procurement document was ambiguously worded and thus the applicant could not be accused of the alleged mistakes in the preparation of the tender.

From COBALT, the client was advised and represented by Senior Associate and head of public procurement Kadri Matteus, who was acknowledged by the client due to her capability of comprehending complex and specific constructional nuances irrespective of the tight timeframe.