Civil Litigation,
Government,
Contracts,
Construction,
California Supreme Court,
California Courts of Appeal
Mar. 26, 2018
Ruling is a windfall to second-place bidders
A recent California appellate court opinion highlights the danger that the design-bid-build system can bring when it is not applied in a way that protects the public dollar.
Michael J. Maurer
Partner
Best Best & Krieger LLP
Email: michael.maurer@bbklaw.com
Michael serves as a city attorney and as construction counsel to various public agencies in California.
Dana M. Howard
Associate
Best Best & Krieger LLP
300 S Grand Ave Fl 25
Los Angeles , CA 90071-3169
Fax: (213) 617-7480
Email: dana.vessey@bbklaw.com
Dana represents public and private clients in litigation in state and federal courts.
Procuring government construction contracts tends to be a relatively simple process: A contract is advertised for bids, the government receives sealed bids, and the contract is awarded to whichever contains the lowest price. This tried and true method -- known as "design-bid-build" -- was adopted to prevent favoritism and corruption, and to ensure that public dollars are spent frugally.
But this method has its frustrations for both ...
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