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What Is a Court Action in Procurement Disputes (Søksmål, Norway)?
This is a Norwegian procurement term. Judicial proceedings over a dispute about a public procurement, heard before the courts.
When is a court action the right route?
When the contract has already been signed and the supplier wants damages, or where a binding decision is needed. KOFA's opinions are advisory, so the courts are the route to an enforceable outcome.
What can the court award?
Damages for negative contractual interest, which covers bid costs, or for positive contractual interest, which covers lost profit, if the supplier would clearly have won. In some cases it can also set a contract aside.
Does it cost more than KOFA?
Considerably. Court fees and legal costs are higher, and the losing party normally pays the other side's costs. Many suppliers take a case to KOFA first.
