Disputes on the tender of elevators, cleaning services
or cleaning equipment: it always starts with realistic advice.
Nienke Keus - Goldberg, LLM
Tendering disputes
10 april 2015 By admin
Cases

 

Fitness equipment, street lighting, underground refuse containers, lifts, communication systems, wind measurement equipment, research and consultancy services, building projects, engineering and architectural services, cleaning services, maintenance of plants and shrubs, care services, multimedia screens, etc. The list of tenders for deliveries, services and works for which Croon lawyers provided advice and litigated is too extensive to numerate here.

 

A jack of all trades

We are a popular choice among both procuring entities and participants in tenders for advice in disputes in tenders, widely varying in scope and complexity. We have long-term relations with clients, but are sometimes also approached by parties who usually do not have any questions on procurement law, but who require non-recurrent advice or who need to conduct preliminary relief proceedings. Based on our specialist knowledge of the latest development in procurement law and extensive practical experience in various types of tendering procedures, we are able to provide our clients with customised, practical advice.

 

Litigating

Our many years of litigating experience mean we are able to quickly and accurately assess the legal position of a client. We always provide realistic litigation advice. Since the consideration periods in tendering procedures are very short, we always proceed very quickly. Sometimes a client decides against bringing preliminary relief proceedings against the result of a tendering procedure, e.g. because the estimated chances of success are too limited. It also happens that a client, shortly before the expiry of a legal protection term (the so-called stand-still period) in a tender, asks us to issue a summons, sometimes within one day. Should it actually come to a hearing, we plead the case in close consultation with our clients. In addition to plotting the litigation strategy and working out the legal arguments, we are also dedicated to conducting an in-depth analysis of the details of the assignment that is put out to tender. We are convinced that this approach increases the chances of success.

 

Commission of tender experts

The Public Procurement Act provides for the possibility to submit a policy to the tender experts committee (Commissie van Aanbestedingsexperts). This can prevent preliminary relief proceedings in a tendering procedure, whereas the complaint of a client is still assessed by an independent, expert authority. We are able to advise you in which cases this method of (non-binding) dispute assessment can be opted for. In the past, we have recommended this route to clients, with success.

“Fast, decisive, short lines and an excellent result”

“We had a dispute with a medical insurer about the extent of the care budget they had granted for that year. First we tried to resolve the issue through normal consultation. That failed and then we only had one day left before the time limit for filing objections would expire. I contacted Croon advocaten who prepared and issued a summons that same day. Ultimately, that action resulted in our care budget being increased. A magnificent result which we’d never have achieved without Croon advocaten’s quick action. Thanks to the short lines, the accessibility and decisive action, I happily look back on my collaboration with Croon advocaten”.

Mr Schiphuis, director of Residentie Buitenzorg healthcare institution