Tender, Government Contracts, and Public Procurement Dispute Resolution

The Chambers advises on the full lifecycle of disputes arising from government tenders, public procurement, and contracts involving statutory bodies, public authorities, government departments, and public sector undertakings: from the tender process itself through to the performance, variation, and closure of the resulting contract. Depending on the nature of the grievance and the character of the authority involved, such disputes may be pursued through writ proceedings under Article 226, civil suits, arbitration under the contract’s dispute resolution clause, or through contractual and departmental remedies such as representations, appeals, and grievance redressal mechanisms built into the tender document itself.

At the pre-award stage, we act in bid disqualification and technical or financial eligibility disputes, including challenges to eligibility criteria as arbitrary, unduly restrictive, or tailored to favour a particular bidder, and disputes over tender evaluation where scoring, technical assessment, or L1 determination is alleged to be inconsistent, non-transparent, or contrary to the Request for Proposal or bid document. We also handle disputes concerning Earnest Money Deposit (EMD) and bank guarantees, including forfeiture on grounds of alleged non-compliance or withdrawal of bids, encashment of performance and advance bank guarantees, disputes over the timing and validity of such encashment relative to the breach alleged, and challenges to invocation of securities disproportionate to or unconnected with the actual default. Related to this is our work on blacklisting and debarment proceedings, including challenges on grounds of disproportionality, absence of a show-cause opportunity, orders unsupported by reasoned findings, and the reasonableness of the period and scope of debarment relative to the alleged default.

On concluded contracts, our work covers disputes arising during performance and at closure: claims for Extension of Time (EOT) where delay is attributable to the employer or to events beyond the contractor’s control, disputes over Change of Scope (COS) instructions and the corresponding valuation or compensation, wrongful or unilateral termination, and the interpretation of clauses governing risk allocation, force majeure, and liquidated damages, alongside recovery of dues, withheld or delayed payments, interest on delayed payments, and finalisation of accounts on completion or termination, including disagreements over measurement, certification, and final bill settlement.

Given the distinct regulatory and contractual architecture of infrastructure delivered through Public-Private Partnerships (PPPs), we advise on disputes arising under concession agreements: availability-based and revenue-based payment disputes, change in law and change in scope claims, termination payments and compensation on premature termination, disputes with the concessioning authority or regulator over performance standards and step-in rights, and issues arising from the interplay between the concession agreement, financing documents, and applicable sector-specific regulations.