Problem: The client was a large multinational firm that specialised, inter alia, in the supply of radio equipment for mobile telephone networks. The client had bid, successfully, for a large contract to upgrade a mobile telephone operator’s existing network with new technology and expanded capacity. The prime contract for the work set out a range of performance benchmarks for the network’s capacity and performance both during the upgrade works and upon their completion.
In the event, the network operator (and by extension its customers) experienced numerous problems during the works. Once completed, it became apparent that although the works provided sufficient capacity for existing customers, the network’s switching capacity fell short of the contractually specified thresholds in the prime contract. The client settled with the mobile operator and pursued its claim against the vendor of the switching equipment in the network. Click here to read more…
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