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“Or Equal” Vendor Can Sue Architect for Tortious Interference with Contract for Drafting Disguised Sole Source Specification and Rejecting Or Equal Bid

by Kent Holland | Oct 27, 2015 | Newsletter Article

By Kent Holland, J.D. ConstructionRisk, LLC A vendor/installer of artificial turf (FieldTurf) for athletic fields sued the architect of record that prepared bid specifications for a university that could not be met by that vendor but allegedly could be met only by a...

Bidder Cannot Sue Architect for Tortious Interference with a Business Expectancy for Recommending that Project Owner Reject Its Low Bid

by Kent Holland | Nov 27, 2012 | Newsletter Article

The bidder on a public school project has no valid business expectancy of being awarded a contract, only “wishful thinking,” and in the absence of evidence of fraud, injustice or a violation of trust, it’s tortious interference claim against the owner’s architect for...

Bid Protestor Successfully Challenges Bid Rejection Based on Unannounced Criteria

by Kent Holland | May 23, 2011 | Newsletter Article

Where a county government rejected an electrical contractor’s low bid for the sole reason that it believed the contractor had violated the prevailing-wage law, despite no administrative or legal rulings to that effect, the court held the county abused its discretion...

Action against Engineer for Recommending Rejection of MBE Firm’s Bid is Dismissed

by Kent Holland | Feb 6, 2011 | Newsletter Article

An MBE firm’s suit against an engineering firm for recommending rejection of its low bid on a public road project was dismissed on summary judgment which was affirmed on appeal.  The causes of action included racial discrimination, tortious interference with business...

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