The Firm represented a general contractor in a bid protest for award of a $100mm project. The Firm’s client protested the low bid based on subcontractor percentage irregularities, and alleged the low bidder had an unfair competitive advantage. The California Department of Corrections and Rehabilitation essentially ignored the protest resulting in the Firm filing a lawsuit for writ of mandate, injunction, and promissory estoppel.
After three separate hearings and a trial, the Superior Court issued a writ of mandate declaring the award to the low bidder illegal, issued a permanent injunction requiring the work on the project to stop, and awarding the Firm’s client nearly $300,000.00 in bid preparation costs, court costs, and interest.
The trial decision was upheld on appeal in a published decision addressing the promissory estoppel issue.
Counsel: P. Randolph Finch Jr. and Jason R. Thornton