I suspect that you have grounds for suing the company that listed you as a sub-consultant in the tendering process, if you could prove legally that it used your name to (in part) win the contract. Proving this in a court of law may be difficult, though.
If I was in your situation, I would be sending a strong letter to the offending consultant company, via your lawyer, threatening legal action if such an incident occurred again.
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I was approached last year by a company to undertake a specialist study. The primary client specified three firms that had to be approached/used, it up to the various tenderers to choose which one they approached. Two firms bidding on the project approached me and I submitted the same price. I heard nothing for several months and in the end rang both firms to see if they were successful. One wasn’t, one was. When I contacted the successful firm they told me the project had been completed and they had engaged another firm to undertake the required specialist study. What bothers me about all this is, to win their tender, they used my name and firm as required by the brief. Having me as part of their team (presumably) went part way towards them winning the project. So what should I do? Rhetorical question I know but where do you stand when your name has been used to win a tender, but your not part of the project team? Its not the money or project I'm worried about, but the fact that a) I wasted time putting a submission together and b) was one of the specified firms that the proponent specified had to be used. Is this sour grapes on my part or is there an obligation for clients to use the firms they approach, particularly as they are directed by the Proponent and have won the project using that sub-consultants name? |