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Have Scottish Borders council feck up big time
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Author:  skippy41 [ Mon Aug 31, 2009 11:36 pm ]
Post subject:  Have Scottish Borders council feck up big time
Some operators in the Borders, are up in arms and will be seeking legal advice.
School contracts where allocated to company's who bid for them and they have been undertaken since the start of the new school term.
Then all of a sudden the contracts where removed from some of the operators for no reason other than a computer error and another company has under cut them
One operator was awarded a 5 year contract and was about to sign for a brand new mini bus next week :shock:

Where do they stand on this and whats the legal understanding

The council said tonight that the contracts cannot be reinstated and that they must go back out for tender
Author:  bloodnock [ Tue Sep 01, 2009 12:08 am ]
Post subject:  Re: Have Scottish Borders council feck up big time
skippy41 wrote:
Some operators in the Borders, are up in arms and will be seeking legal advice.
School contracts where allocated to company's who bid for them and they have been undertaken since the start of the new school term.
Then all of a sudden the contracts where removed from some of the operators for no reason other than a computer error and another company has under cut them
One operator was awarded a 5 year contract and was about to sign for a brand new mini bus next week :shock:

Where do they stand on this and whats the legal understanding

The council said tonight that the contracts cannot be reinstated and that they must go back out for tender


Why cant they reinstate them as the rightful winner of the tender..if its just a computer glitch?

Seems like there must be much more of a reason than simply a PC cock-up. if it were just that then contractually they should be given what ever tender they won back to them. there has to be more to it..just has to be!!

Did this happen to the latest bunch of tenders allocations or was it to tenders left over from previous years with a year or more left to run?
Author:  gusmac [ Tue Sep 01, 2009 12:45 am ]
Post subject: 
Did they have written contracts?
Were the terms of the contracts adhered to?
Author:  skippy41 [ Tue Sep 01, 2009 2:31 am ]
Post subject: 
gusmac wrote:
Did they have written contracts?
Were the terms of the contracts adhered to?


Yes to both questions
Author:  gusmac [ Tue Sep 01, 2009 4:42 am ]
Post subject: 
skippy41 wrote:
gusmac wrote:
Did they have written contracts?
Were the terms of the contracts adhered to?


Yes to both questions


Then sue the council for breach of contract.
Author:  Sussex [ Tue Sep 01, 2009 7:27 am ]
Post subject:  Re: Have Scottish Borders council feck up big time
skippy41 wrote:
Where do they stand on this and whats the legal understanding

If any driver had a 'legitimate expectation' that a contract was his, yet the council changed their minds, then that driver has a reasonable case against the council should he wish to take the council to court.
Author:  toots [ Tue Sep 01, 2009 10:02 am ]
Post subject: 
Don't you just love it when they blame it on a computer error. That usually means human error in the actual entry on the computer in the first place :roll:
Author:  gusmac [ Tue Sep 01, 2009 3:54 pm ]
Post subject: 
toots wrote:
Don't you just love it when they blame it on a computer error. That usually means human error in the actual entry on the computer in the first place :roll:


and the next time you talk to them, they tell you the computer doesn't make mistakes :lol:
Author:  skippy41 [ Tue Sep 01, 2009 9:41 pm ]
Post subject: 
I think the council is in for a big shock, I have been checking out contractual agreements on various sites, and most have said that if a company gives a contract out, and then withdraws that contract for no reason, that company is in breach of the contract and the contractor is then entitled to the full amount of money that, that contract would have produced or be worth,
I just hope that the ones who lost the contracts seek legal advice and sue the council for the full amount
Author:  cabbyman [ Tue Sep 01, 2009 10:49 pm ]
Post subject: 
ALL terms and coditions need to be read to ensure they have no termination clause written into the contract. I would be very surprised if the council did not have a way out.
Author:  captain cab [ Tue Sep 01, 2009 10:51 pm ]
Post subject: 
There has to be more to this story?

CC
Author:  bloodnock [ Wed Sep 02, 2009 12:05 am ]
Post subject:  Re: Have Scottish Borders council feck up big time
skippy41 wrote:
Some operators in the Borders, are up in arms and will be seeking legal advice.
School contracts where allocated to company's who bid for them and they have been undertaken since the start of the new school term.
Then all of a sudden the contracts where removed from some of the operators for no reason other than a computer error and another company has under cut them
One operator was awarded a 5 year contract and was about to sign for a brand new mini bus next week :shock:

Where do they stand on this and whats the legal understanding

The council said tonight that the contracts cannot be reinstated and that they must go back out for tender


Well..heres how it reads in the SBCs: General Conditions of Contract: Private Hire, Taxi and Minibus

5. Either the Council or the Contractor may terminate the contract by giving advance notice of four weeks or alternatively as specified in Schedule 1 of each contract. By mutual agreement in writing the period of notice may be reduced.

6. In the event of a Contractor failing to give the required notice of termination of a contract (or as otherwise agreed in writing) the Contractor shall be liable for any additional expense incurred by the Council in providing transport for operating the contract. Any such expense may be deducted from any monies due to the contractor.

7. In the event of the Council failing to give the required notice of termination of a contract (or as otherwise agreed in writing) the Council will pay all the monies owed to the Contractor over the termination period as if the service was still running.


I'l let you more learned amongst us to make sense of it.
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