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Still no legal standing for unsuccessful bidder

In Byrne and Jones Enterprises, Inc. D/B/A/ Byrne and Jones Construction, v. Monroe City R-1 School District, ED101588 (November 12, 2014) the Eastern District Court of Appeals issued a strong opinion again confirming that competitive bidding statutes are for “the benefit of the public only” and rejection of a bid “creates no vested interest or property right in the rejected bidder.” The court, therefore, dismissed for lack of standing the losing bidder’s suit seeking to enjoin the school from entering into a construction contract with the winning bidder. The Court also rejected the losing bidder’s request for his bid-preparation costs because awarding such costs “would thus only add to the public’s cost for the project… [and] runs completely counter to the purpose and underlying policy of the bidding statutes.”

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Ordinance changes may be necessary

As reported in the last CVR Report, numerous laws affecting local governments were passed in the 2021 legislative session. Accordingly, municipalities will want to review their ordinances and policie


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