Disputes in the Field of Public Procurement
Today, almost every business entity is aware of the possibility of supplying goods, works, and/or services to a public procurement entity through an electronic procurement system like Prozorro. An obligatory step in this system is the conclusion of a public procurement contract between the procuring entity and the winner of the procurement procedure. However, even when the procurement procedure is as transparent as possible, a participant in the procedure or its winner is not protected from the procuring entity’s abuses or from an official’s exceeding of their authority when concluding or executing the public procurement contract.
This explains the ongoing increase in the number of court disputes in the field of public procurement, including disputes to declare unlawful the inaction of the public procuring entity in not concluding the contract (or to declare such decision by the procuring entity unlawful), disputes regarding declaring the public procurement contract invalid, disputes over making amendments to the public procurement contract, and so on.
Moreover, attention should be paid to the importance of initiating provisional measures in this category of cases. After all, if the participant/winner of the procurement procedure challenges an existing public procurement contract, its contractor (the winner of the procedure) may be held liable for prematurely terminating (or delaying) the performance of the obligation established by such contract. In that case, filing a motion to secure the claim by prohibiting the execution of the contract terms would not be superfluous. Specialists at the “First Legal” Law Firm will help prepare a substantiated motion to secure the claim so as to avoid violating our client’s interests prior to a decision being made in the court case.
Why Choose the “First Legal” Law Firm?
- The “First Legal” Law Firm has been providing legal services since 2008;
- Our Firm’s specialists have extensive experience representing clients’ interests in court in disputes related to their business activities, including matters of concluding and/or performing commercial contracts;
- Our Firm’s specialists also support the enforcement of court decisions in cases involving public procurement.
Before providing services, a specialist from our Law Firm conducts a legal analysis of the situation and offers the client a consultation (oral or written). We assure you that there are no situations that cannot be resolved. Once we have agreed on the terms of cooperation with the client, we assume the burden of gathering all necessary evidence, from the start of court proceedings to the enforcement of the court decision. If needed, the specialists at the “First Legal” Law Firm also competently represent the client’s interests during enforcement proceedings. We have the relevant experience.
By contacting the “First Legal” Law Firm:
- You save your time;
- You save yourself unnecessary stress;
- You obtain a court decision that resolves the issue as favorably as possible and in your interest;
- You again save your time during the enforcement of the court decision by entrusting it to the “First Legal” Law Firm.