Participating in a tender or competing for a significant contract requires a considerable investment of time, resources, and energy for a company. Suffering an illegitimate exclusion or seeing an award slip away due to procedural irregularities represents not only a disappointment but also serious economic damage. In these situations, the Italian legal system provides for the possibility of claiming compensation for the so-called loss of chance. As a lawyer for damages compensation in Milan, Avv. Marco Bianucci deeply understands the impact that such injustices can have on a company's stability and growth, offering targeted legal support to protect entrepreneurs' rights.
The Legal Framework: What is Loss of Chance
In Italian civil and administrative law, loss of chance does not consist of the loss of an already acquired economic advantage, but rather of the loss of a concrete and real possibility of obtaining it. It is not a mere hypothetical damage or a simple dashed hope, but the violation of an actual opportunity that was already part of the injured party's assets. For this type of damage to be compensable, it is necessary to demonstrate that, in the absence of the unlawful conduct of the contracting authority or the counterparty, the company would have had a serious and consistent probability of winning the tender or contract.
Established case law requires that such probability be statistically or prognostically assessable. The calculation of compensation, therefore, does not correspond to the entire value of the lost contract, but is calibrated to the degree of probability of success that the company had at the time of exclusion or irregularity. Demonstrating this causal link and correctly quantifying the damage requires extremely rigorous and documented legal analysis.
The Bianucci Law Firm's Approach
Addressing a dispute for the recognition of loss of chance requires a meticulous strategy and a deep knowledge of contractual and administrative dynamics. The approach of Avv. Marco Bianucci, an expert lawyer in damages compensation in Milan, is based on an extremely detailed preliminary analysis. The first step is to thoroughly examine the tender documentation, the commission's minutes, and the reasons for exclusion, to ascertain the actual illegitimacy of the measure and the real substance of the lost chance.
The Bianucci Law Firm works closely with the client company to irrefutably reconstruct the probability of success, using, when necessary, expert technical advice. The goal is to build a solid evidentiary framework that leaves no room for speculative interpretations, aiming to obtain fair economic compensation for the stolen opportunity. Every phase of the procedure is shared transparently, maintaining focus on protecting corporate interests and achieving a concrete resolution of the dispute.
Frequently Asked Questions
How is loss of chance demonstrated in a tender?
Proof is based on objective elements. It is necessary to prove the illegitimacy of the exclusion or the award to others, and to provide concrete elements, such as technical and economic scores or possessed requirements, that attest to how the company had a very high, and not merely theoretical, probability of winning the tender if the procedure had been conducted regularly.
Does compensation cover the entire value of the lost contract?
No, case law establishes that compensation for loss of chance does not equate to the net profit that would have been derived from the contract. The damage is awarded equitably by the judge, calculating the expected profit and deducting it in proportion to the degree of probability of success ascertained in court.
Within what timeframe can I claim compensation for loss of chance?
The statutes of limitations and forfeiture periods vary depending on whether action is taken in civil or administrative matters. In disputes relating to public tenders, the timelines for challenging illegitimate acts and simultaneously claiming compensation are generally very strict. It is essential to consult a legal professional promptly to avoid losing the right to take action.
Protect Your Company's Rights: Request an Evaluation
Suffering the unjust deprivation of a business and economic opportunity represents a significant obstacle for any entrepreneurial entity. Promptly understanding whether the legal prerequisites for action exist is the fundamental first step in protecting corporate assets. Contact Avv. Marco Bianucci to analyze the documentation related to the tender or contract. During an in-depth consultation at the Bianucci Law Firm in Milan, we will jointly evaluate the most effective strategies to assert your rights and pursue adequate compensation for the damage suffered.