Bouygues has issued a High Court challenge after being edged out of the Government’s £15bn schools mega-framework by a scoring gap of just 0.13% from its nearest bid rival.

The contractor claims flawed scoring and a botched moderation process cost it a place with the panel of firms on the coveted southern region major projects lot.

It alleges the Department for Education failed to assess bids properly under the Procurement Act 2023 by making manifest scoring errors and applying undisclosed criteria.

Bouygues finished 11th after scoring 74.67 out of 100. The final 10th place on the panel went to McLaren Construction on 74.8 points.

The firm says the razor-thin difference has locked Bouygues out of a six-to-eight-year pipeline of high-value new-build and refurbishment projects across London and the south of England.

Given the narrow margin and the scoring weightings, Bouygues argues that even a one-step uplift in its marks — or a corresponding downgrade for its nearest rival — would have flipped the result.

In its particulars of claim filed in the Technology & Construction Court, Bouygues also claims minor issues were overstated while similar points in rival bids were treated more leniently.

The firm also challenges the moderation process, arguing higher initial scores were reduced without clear reasoning, leaving the final assessment neither transparent nor consistently applied.

The firm’s case zeroes in on disputed marking for questions covering nature-based solutions, building fabric, technology and social value themes.

It argues that evaluators repeatedly invoked “risk to the Department” to justify lower marks without identifying any actual risks in the moderation record.

Bouygues also alleges that a more experienced evaluator initially awarded higher scores on key questions, only for those marks to be reduced during moderation without a clear recorded explanation.

The contractor is asking the court to set aside the Lot 2 award decision or alternatively order that it be awarded a place on the Construction Framework 25.

Failing that, it is claiming damages for lost opportunity, wasted bid costs and lost profit.

The claim was issued on 5 January 2026. The Department is expected to argue it is out of time, but Bouygues maintains proceedings were brought within the statutory window or should be allowed to proceed with a short extension.