The Tallinn Circuit Court upheld the appeals of AS Merko Ehitus respecting the public procurement for the construction of the Kukruse-Jõhvi road section

By their ruling of 28 November 2008, the Tallinn Circuit Court reinstated AS
Merko Ehitus and Tallinna Teede AS as eligible bidders for construction of the
Kukruse-Jõhvi road section. 
The court reversed the decisions of the Appeal Committee at the Public
Procurement Office dated 2 October 2008, by which the Committee acted on the
challenges of the other bidders and disqualified Merko Ehitus from the public
procurement. The eligibility of Merko Ehitus for the public procurement was
challenged by AS Aspi and AS Eesti Ehitus. Another challenge was submitted by
AS Talter, AS TREF, AS K-Most and AS Teede REV 2. Consequently, the court
ordered the said companies to cover the legal expenses of Merko Ehitus. 
Merko Ehitus AS and Tallinna Teede AS placed the lowest bid in the sum of EEK
589 million for the construction of the Kukruse-Jõhvi road section. On 31
October 2008, the Estonian Road Administration called off the public
procurement for the Kukruse-Jõhvi road section arguing that the procurement
documents drawn up by them did not define the works being procured for in
sufficient detail and announced a new public procurement for the same works on
1 November 2008. AS Merko Ehitus has contested the new procurement announced by
the Estonian Road Administration and holds that the procurement once announced
should be carried to completion. 
The ruling may be appealed in cassation within 30 days from its delivery. 

1 EUR = 15,6466 EEK

Alar Lagus
Member of the Board
+372 6 805 109
alar.lagus@merko.ee