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R Durtnell firm fined £700k may appeal

09:03, 23 September 2009

updated: 09:04, 23 September 2009

R Durtnell & Sons, of Brasted, Westerham
R Durtnell & Sons, of Brasted, Westerham

by business editor Trevor Sturgess

Kent’s oldest builder, one of 103 construction firms found guilty of contract-rigging, may appeal against a £711,000 fine.

R Durtnell & Sons, of Brasted, Westerham, was yesterday ordered by the Office of Fair Trading to pay £711,115 for so-called cover pricing.

This involved colluding with other contractors to submit uncompetitive tenders for public sector projects they did not want so that firms could keep coveted "approved contractor" status. The practice, which was claimed to "rip off" taxpayers, was later outlawed,

The 400-year old firm was in good company, with plenty of big firms named and shamed, including Kier Group, Carillion, Wilmott Dixon and Morgan Ashhurst, all currently working on Kent projects. But none of the contracts involved in the four-year OFT probe is thought to involve work in the county.

Durtnells said it was disappointed with the penalty for cover-pricing that took place between 2003 and 2005. Company chairman John Durtnell said: "Durtnell consider the penalty wholly disproportionate to their transgression and are considering appealing to the Competition Act Tribunal."

The firm said that it was not until 2007 that cover pricing was "determined as contrary to the Competition Act 1998. Durtnell ceased participating in this arcane practice in 2005, having never gained any financial advantage, nor indeed had any client suffered any disadvantage."

Durtnells said it was hard to see how cover pricing made any difference to the eventual price and there was no question of it "ripping off" the taxpayer.

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