专业领域
Public Procurement & Government Contract Disputes
The procurement and public contract sector is inherently prone to disputes due to the application of diverse laws and standards at each stage—namely, bidding, contracting, and performance—coupled with frequent revisions to government policies and internal administrative guidelines. Consequently, distinct legal challenges emerge at every phase: (i) during the bidding and contracting phases, issues regarding procedural fairness and the legitimacy of contractor selection are paramount; (ii) during the performance phase, disputes often center on the interpretation and application of contract terms; and (iii) upon completion, critical issues arise concerning payment, defect liability, liquidated damages, and sanctions against dishonest contractors. These processes frequently involve a complex interplay of civil and administrative legal elements.
Our team comprises attorneys who possess a profound understanding of this intricate legal framework and boast extensive expertise in the public procurement sector. Our approach extends beyond traditional post-facto remedies; we actively engage from the preliminary review stages with contracting authorities and administrative agencies. By reconstructing key facts, clarifying core issues, and leveraging fundamental administrative law principles—such as proportionality and procedural justice—we effectively navigate complex legal challenges. This strategic approach has enabled us to achieve an excellent track record of securing exemptions or reductions of both administrative and contractual penalties for our clients.
In particular, we recognize that administrative sanctions (such as designation as a dishonest contractor or the imposition of surcharges) and contractual penalties (such as revocation of bidder or preferred negotiator status, forfeiture of bid bonds, and claims for liquidated damages or defect liability) are pivotal factors that often dictate the trajectory of subsequent preliminary injunctions, administrative lawsuits, and civil actions. Our team is highly experienced in handling these critical disputes and is well-equipped to devise the most effective solutions tailored to the specific nature of each case.
Furthermore, our expertise is not confined to disputes governed by the State Contract Act and the Local Contract Act, which have long constituted the core framework of the public procurement sector. We also possess substantial experience representing clients in public contracts entered by various public institutions (including public enterprises, quasi-governmental agencies, and other public bodies) as well as private entities entrusted with public duties. This breadth of experience allows us to formulate tailored dispute resolution strategies that account for the specific nature and procedural characteristics of each contract.
In summary, Lee & Ko's Procurement and Public Contract Dispute Team is committed to delivering optimal solutions across the full spectrum of procurement and public contract disputes. Our capabilities cover every stage of the process, from initial bidding and contractor selection to contract performance and post-completion issues.
主要业务方向
[Bidding Stage]
We provide legal counsel and represent clients in litigation related to the bidding process, involving issues such as the interpretation of evaluation criteria, the examination of bidder qualifications, and bidder selection. In particular, we have extensive experience handling urgent procedural matters at the bidding stage, such as preliminary injunctions to secure bidder or preferred negotiator status.
[Contract Execution and Performance Stage]
We provide legal counsel and represent clients in litigation regarding various issues arising during contract execution and performance, such as contract interpretation, termination, and the forfeiture of performance bonds.
[Post-Performance Stage]
We represent clients in civil and administrative disputes frequently arising in the post-performance phase, addressing key issues such as contract payment claims, the imposition of liquidated damages, defect liability, and compensation for damages.
[Disputes Regarding Sanctions and Contractual Penalties]
We provide legal counsel and represent clients in litigation concerning administrative sanctions (such as designation as a dishonest contractor or the imposition of surcharges), contractual penalties (such as liquidated damages and the forfeiture of performance bonds), and complex disputes involving both types of sanctions.
[Disputes Related to Price Fixing and Bid Rigging]
We provide counsel and represent clients in disputes involving allegations of price fixing or bid rigging. Our team possesses deep expertise in navigating the complex intersection of competition law and public procurement statutes.
[Disputes Related to Other Types of Public Contracts]
We offer tailored strategies for contracts executed by public institutions (including public enterprises, quasi-governmental agencies, and other public bodies) and private entities entrusted with public duties, which fall outside the direct scope of the State Contract Act or Local Contract Act. Our approach is designed to reflect the specific characteristics and procedural requirements inherent to each contract.
We provide legal counsel and represent clients in litigation related to the bidding process, involving issues such as the interpretation of evaluation criteria, the examination of bidder qualifications, and bidder selection. In particular, we have extensive experience handling urgent procedural matters at the bidding stage, such as preliminary injunctions to secure bidder or preferred negotiator status.
[Contract Execution and Performance Stage]
We provide legal counsel and represent clients in litigation regarding various issues arising during contract execution and performance, such as contract interpretation, termination, and the forfeiture of performance bonds.
[Post-Performance Stage]
We represent clients in civil and administrative disputes frequently arising in the post-performance phase, addressing key issues such as contract payment claims, the imposition of liquidated damages, defect liability, and compensation for damages.
[Disputes Regarding Sanctions and Contractual Penalties]
We provide legal counsel and represent clients in litigation concerning administrative sanctions (such as designation as a dishonest contractor or the imposition of surcharges), contractual penalties (such as liquidated damages and the forfeiture of performance bonds), and complex disputes involving both types of sanctions.
[Disputes Related to Price Fixing and Bid Rigging]
We provide counsel and represent clients in disputes involving allegations of price fixing or bid rigging. Our team possesses deep expertise in navigating the complex intersection of competition law and public procurement statutes.
[Disputes Related to Other Types of Public Contracts]
We offer tailored strategies for contracts executed by public institutions (including public enterprises, quasi-governmental agencies, and other public bodies) and private entities entrusted with public duties, which fall outside the direct scope of the State Contract Act or Local Contract Act. Our approach is designed to reflect the specific characteristics and procedural requirements inherent to each contract.
代表性案例
团队主要成员
