With construction markets continuing to experience a downturn, more and more contractors are entering the public works arena, thereby increasing competition. This added competition raises two immediate impacts that may create legal disputes: (1) experienced public works bidders get more aggressive in challenging and protesting bid results when the inexperienced bidders submit lower prices; and (2) the inexperienced bidders routinely challenge the rejection of their bids as “non-responsive” in the hope of getting that much needed job.

Too often, when school districts and other public entities give in to these challenges, the result is delay to their projects and unnecessary increases in the project’s costs.

In a rash of recent bid protests and challenges that our public entity clients have faced, we have successfully beat back each and every one of them expeditiously and cost effectively. The keys to such successes are:

1. A solid bid evaluation practice, policy and protocol;
2. A well-drafted bid bond that requires the unsuccessful protester to pay the public entity’s fees and costs after an unsuccessful challenge;
3. A well-drafted bid protest procedure that helps ensure the public entity’s success in court if the public entity’s decision is challenged by the protesting bidder by way of a writ proceeding; and
4. Hiring legal counsel with the extensive knowledge, experience, and understanding of the bid protest/writ procedure and the applicable laws attendant thereto.

With our preventative risk counseling services, we help you draft appropriate contracts, best practices, policies, and procedures. We also help establish and participate in personnel training. With our substantial litigation experience, we help you cost effectively resolve any litigation/arbitration/mediation matters you may become involved in or need to bring to help enforce your rights and remedies.

With over 27 years of experience, Bergman & Dacey is the choice for California’s public entities.