Acting on behalf of a wide range of organisations, including state corporations, owners, developers, contractors, subcontractors, consultants, investors, local authorities and utility companies, Fenwick Elliott is well placed to offer support throughout every stage of the procurement process.

We appreciate that sound tendering and construction procurement is all about identifying and appointing an appropriately skilled team, agreeing costs and a programme, deciding upon the appropriate form of contract and achieving an appropriate distribution of risk between the parties.

Risk is the single most important aspect to consider in tendering procedure and contractual arrangements. Whilst no procurement strategy will eliminate that risk in its entirety, we can help with the flexible development of your strategies and assist during the process that follows, whether it is negotiating or drafting contracts, or answering concerns about the way the evaluation process has been handled.

We understand the technicalities of the legislation-heavy environment imposed by the European Union procurement regulations and can assist both contracting authorities and tenderers in navigating through the publically funded tender processes.

We are also familiar with the contracting procedures applying to EU external aid contracts whether financed from the EU general budget, the European Development Fund (EDF) or having the benefit of an Instrument for Structural Policies for Pre-Accession ("ISPA") grant.

If problems do arise, whether in making or responding to a challenge to the tender process, we recognise the importance of providing prompt, practical commercial advice on the steps that should be taken. We can advise you on making and responding to Freedom of Information requests.

And if an early resolution of the issues cannot be achieved, our expertise and knowledge of the available court processes ensures that your best interests will be protected, however short the timetable may be.

Advising a joint venture organisation, which was bidding for a major public procurement project, on the prospects of challenging that process.

Acting in conjunction with local co-counsel on behalf of the state owned employer on a Euros 1 billion metro project part-funded by the European Investment Bank.

An international mechanical engineering contractor sought help with the risk analysis of a complex JV contract to design, supply and build a new process plant – and eventually to extricate it from a lock-in pre-agreement when its full potential liabilities became clear.

Advising a leading international contractor on contract negotiations in connection with the proposed development of the residential and commercial portion of a new city development.

The team’s ability in both contractual and contentious matters wins praise from market sources, in particular for the manner in which it is able to demonstrate a fundamental understanding of clients’ business interests.
Chambers and Partners UK