PRACTICE AREA(S): Construction, Construction Litigation, General Litigation
CLIENT / INDUSTRY: General Trades Contractor
ATTORNEY(S): Pete Comodeca; Tony Stringer
Situation Summary:
Calfee represented a general trades contractor in a dispute involving the bid process for a city hall project in Northeast Ohio. The general trades contractor was awarded the bid for the project. One of the unsuccessful bidders brought a bid protest action alleging that the city’s decision to award the bid to the winning contractor was arbitrary and capricious. Although the complainant was in fact the low bidder, the city determined that the company they awarded the bid to was the low and best bidder.
Calfee Approach:
During a court proceeding over the bid protest, Calfee successfully supported the city’s decision to award the bid to the contractor they had chosen by emphasizing the protestor’s deficient performance on prior and similar projects. This approach convinced the court that the city was justified in rejecting an otherwise low bid.
Resolution:
The court decided against the complainant and Calfee’s client remained on the project as the general trades contractor. Calfee also continued to counsel the client concerning various contract administrative issues that arose during the course of the project.
The results described in each case study are dependent on the specific factual and legal circumstances of the matter described, and constitute neither legal advice nor a guarantee of similar results with respect to any other matter.