Background

The Respondent, a construction company, was accused by the government of colluding with other construction companies in tendering for public infrastructure projects in order to fix higher prices.

Our Role

Secretariat professionals were appointed to form an opinion as to whether allegations that cartel collusion had occurred were supported by the evidence or whether there were other explanations for the pricing of bids submitted by the contractor.

Outcome

We were instructed to respond to the Claimant’s expert report which involved a detailed analysis of tender costs and the bidding process for construction projects. Secretariat damages professionals collaborated with a Quantity Surveyor colleague (who assisted with knowledge of the industry and the interpretation of evidence underlying the tender) to assess whether the bid data from the contractor and bid data from the other tenderers demonstrated that there was a cartel.