In October 2008, a construction company, Henry Brothers, brought an action against the Department of Education (DoE) for Northern Ireland in relation to a four-year framework contract for a school modernisation programme (Framework Contract). The tender documentation indicated that the tenders would be evaluated on criteria, of which 80% was qualitative, and 20% was commercial. The commercial evaluation was calculated on fee percentages based on hypothetical contract values and on the assumption that costs would be consistent. Call-off contracts would be awarded based on a specific project brief. Henry Brothers challenged the way the contract had been tendered on the basis that the evaluation system was flawed since it did not result in the comparison of actual prices and cost differences between bidders (e.g. through a competition for call-off contracts). The High Court upheld the claim that the evaluation criterion was flawed as there was no true competition on price. On 14 December 2008, the High Court gave a further ruling on the question of remedies. It set aside the Framework Contract, so that the DoE could no longer rely upon its provisions for future call-off contracts. However, in respect of specific contracts already entered into under the Framework Contract the Court held it could, as a matter of principle only award damages. The company will have to take further action to establish actual damage.