Construction News is today reporting of a legal spat between Brown and Mason and Erith over the awarding of a contract to demolish the Aberthaw Power Station in Wales.
Cardiff Council has admitted that it broke procurement law when it awarded the project to Erith after Brown and Mason brought a claim over “multiple breaches” of public procurement law.
Erith beat Brown and Mason to the job following an evaluation process, including an assessment of quantitative social value commitments.
But the latter firm’s lawyers argued that the council conducted its evaluation in a “non-transparent” manner.
Brown and Mason said the council failed to provide “any sufficient, clear and transparent statement of reasons” for its decision to select Erith.
For instance, Cardiff Council disregarded Brown and Mason’s “intended quantitative social value commitments”, the firm’s lawyers said.
Brown and Mason also argued that the council allowed Erith to amend its bid after the tender deadline, 20 January 2023, in contravention of procurement rules.
Relevant documents related to Erith’s bid “were not submitted and/or made accessible” to Brown and Mason until about six days after the tender deadline had expired, the particulars of claim document added.
Both Erith and Brown and Mason were among the 10 National Federation of Demolition Contractors’ members named in the Competition and Markets Authority probe into demolition collusion in March 2023.
Cardiff Council admitted liability in a hearing at the Technology and Construction Court on 31 January this year.
Brown and Mason is seeking damages from the local authority. Proceedings in that effort are ongoing.
