Mechanisms for protecting the construction business from criminal risks when participating in public tenders

The construction business, which works with government tenders, is under constant supervision by law enforcement agencies. Even conscientious contractors face criminal proceedings due to subjective assessments by investigators, inaccuracies in documentation, or formal violations. Today, every company manager must understand that performing work under a contract does not guarantee the absence of claims. Is it possible to operate legally, profitably, and at the same time avoid the risk of criminal prosecution? Yes, if you act proactively, build the right legal strategy, and have the protection of an experienced lawyer.

Why is the construction business under attack?

Criminal proceedings are most often initiated according to the following standard scenarios:

Overstatement of the cost of work – the investigation checks the compliance of the contract price with actual market rates.

Non-compliance with project documentation – any changes or deviations may be classified as a breach of contract.

Violation of tender procedures – most often, law enforcement agencies conduct checks for collusion between tender participants.

Improper performance of work – even minimal delays or adjustments to the project can be grounds for criminal charges.

Can a company that has performed all the work efficiently and on time find itself in a criminal case? Unfortunately, yes. The system works in such a way that even formal grounds can be used to initiate a case, and then everything depends on the effectiveness of the defence.

What can be done to minimise risks?

1. Conducting your own expert examinations – independent forensic examinations of goods, work and damages help prevent accusations of overpricing or non-compliance of work with technical requirements.
2. Audit of the enterprise for the period of contract execution – assessment of financial transactions and internal processes allows you to identify possible risks in advance and eliminate them before the start of inspections.
3. Digital hygiene and information security – it is important not to store confidential information in open access, minimise correspondence about business transactions and control corporate devices.
4. Preparedness for searches and inspections – the company must prepare its employees and office in advance for possible investigative actions, provide legal support and a response algorithm.
5. Checking counterparties before concluding agreements – unreliable partners can lead to criminal prosecution even for conscientious companies, so due diligence is mandatory.
6. Compliance and internal control – clear mechanisms for controlling financial transactions and contractual relationships help minimise risks and comply with legal requirements.
7. Protecting corporate equipment from seizure and analysis – the company must implement preventive measures to avoid situations where electronic devices are used as evidence in a case.
8. Legally correct response to law enforcement requests – monitor deadlines and wording in responses to avoid undue attention and additional investigative actions.
9. Preparing the team for unusual situations – staff should know how to behave during searches and interrogations so as not to give investigators grounds for further accusations.
10. Working with open sources – monitoring public registers and the media helps to quickly identify risks and respond to potential threats in a timely manner.

If your business is under pressure, act immediately

RIYAKO & PARTNERS law firm specialises in criminal defence of businesses operating in the field of public procurement. We help minimise risks, accompany companies during inspections and investigative actions, and build defence strategies before the situation gets out of control.

If you work in the construction industry and are facing inspections or pressure, please contact us for advice. We know how the system works and we know how to work around it within the law.