School District Wins Bid Challenge in Federal Court
Kegler Brown Construction Newsletter September 1, 2005
Disgruntled bidders, increasingly dissatisfied with disappointing results in state court where the project is located (particularly on school projects) are challenging bids in federal court on constitutional grounds such as equal protection and due process.
One such bidder recently challenged the award to the lowest responsible bidder on a school project because the architect did not answer all of the pre-bid questions in an addenda. Instead the architect simply answered some of the questions, those that he thought which truly required clarification.
U.S. District Judge Sargus in the case of J&H Structural Erectors v. Chillicothe Schools, after hearing a day of evidence and briefing on the issue, emphasized that all bidders received the same information and denied injunctive relief. The unhappy bidder subsequently dismissed the case. Kegler Brown represented the prevailing school district.