Case Study - Loss of Business Opportunity

Background

  • Company A ,  a vehicle for a consortium of resources to bid for and provide IT consultancy services to private and public companies alleged that a former director failed to bring to the attention of other directors in sufficient time, the need for it to make the necessary application for a tender panel

  • The former director provided his services to the company through Company B, another IT consulting company

  • It is alleged that through the former director’s action or inactions, Company B became a member of the tender panel and was awarded a contract that Company A would have otherwise successfully renewed\

  • Company A alleged that through the former director’s actions or inactions, it was excluded from bidding for further information technology consultancy work and as a result suffered loss of profits and other damages

Ferrier Hodgson Involvement

Ferrier Hodgson was engaged to:

  • Quantify the loss of profit on the contract awarded to Company B that would otherwise have been successfully renewed by Company A
  • Quantify further losses arising from the inability to bid as a result of being excluded from the tender panel 

Outcome

  • Ferrier Hodgson’s expert report was used in negotiating a settlement sum during the mediation
  • Company A was recompensed for losses it suffered as a result of the former director’s actions

Key Contacts