Question 1

What does negative contractual interest cover?

Accepted Answer

The costs the supplier incurred by taking part in the competition: preparing the bid, attending meetings and any site visits. It puts the supplier in the position it would have been in had it never bid.

Question 2

What must the supplier show?

Accepted Answer

That the buyer breached the procurement rules and that the supplier would not have taken part had it known. The threshold is lower than for lost profit, which is why it is the more common claim.

Question 3

Where is the claim made?

Accepted Answer

Before the ordinary courts. A KOFA opinion confirming the breach is often used as the basis for the claim.

What Is Negative Contractual Interest (Negativ kontraktsinteresse, Norway)?

What does negative contractual interest cover?

What must the supplier show?

Where is the claim made?