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Navigating the Maze of Public Works Bidding

Article | 10.27.10 | Daily Journal | Watt, Gary A.

In his recent Daily Journal article, “Navigating the Maze,” Gary A. Watt continues his analysis of the competitive bidding process for public works projects. A recent decision, Schram Construction Inc. v. The Regents of the University of California (2010) 187 Cal.App.4th 1040, illustrates the fiercely contested nature of public works bidding. The case involves the structure of bids for design and construction at UCSF Medical Center at Mission Bay.

The University decided the bidding should be redone after the first set of bids was reviewed, and subsequently disqualified Schram Construction Inc. (SCI). Navigating a maze of administrative remedies, petition for a writ of mandate, perfect and brief the appeal, SCI contended that the University awarded the bids based on undisclosed criteria and the Court of Appeal agreed.

Gary concludes, “As this case demonstrates, in the increasingly competitive and hotly contested public works world, the demand for able counsel is also at a premium.”

Gary A. Watt is a partner at Archer Norris and a member of the firm’s appellate practice team. He teaches appellate advocacy at UC Hastings, is director of the Hastings Appellate Project’s 9th Circuit clinical program and chair of the Contra Costa County Bar Association’s appellate practice section.

The article was originally published in the Daily Journal and subscription-based Daily Journal website at www.dailyjournal.com

 

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