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.

The provision of procurement, contract drafting and risk management advice based on the NEC3 Form to a University which was planning a new research facility worth £100m.

Acting for a contractor in relation to the alleged defective design and construction of a closely controlled laboratory system at a prestigious university in the UK.

Fenwick Elliott provided pro bono legal and financial advice to the Serpentine Gallery on its redevelopment of an exhibition space in Kensington Gardens.

Advice to an energy technology company on a tender for a major EPC contract in connection with a UK power station.

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