On December 10, 2019, the Louisiana Supreme Court made final a ruling in favor of a firm client for the award of the Convention Center Linear Park Project estimated at more than $50 million. In May 2018, the firm successfully secured the award of the public project after defeating a legal challenge by an unsuccessful bidder at trial. The firm prevailed on both rounds of appeal, concluding with the Supreme Court’s denial of the losing bidder’s supervisory writ application.
After bids were opened in March 2018, Riess LeMieux notified the Convention Center authority that the lowest monetary bidder had failed to submit a bid bond that complied with the project’s instructions to bidders. The Convention Center authority agreed with the firm’s protest and notified the bidders that it intended to award the project to the firm’s client. The lowest monetary bidder initiated litigation and obtained a temporary restraining order that halted the project. A full permanent injunction hearing was conducted with live testimony on May 16, 2018. At trial, Riess LeMieux established that Convention Center authority correctly rejected the lowest monetary bidder and awarded the project to the firm’s client. The Civil District Court (Parish of Orleans) found the lowest monetary bidder failed to properly submit its bid bond and, further, failed to submit certain preliminary construction documents within fourteen days of the bid opening, which was required by the bidding instructions. The trial court agreed and ruled that the firm client was the lowest responsive and responsible bidder who submitted a bid for the project.
The trial court decision was appealed by the losing bidder to the Louisiana Fourth Circuit Court of Appeal. On August 7, 2019, the appellate court once again ruled in the firm client’s favor, affirming the trial court’s ruling that the Convention Center authority properly awarded the project to Riess LeMieux’s client as the lowest responsive and responsible bidder. The Fourth Circuit rejected the lowest bidder’s three assignments of error and concluded that the Louisiana Public Bid Law required the project be awarded to the firm’s client. The decision was appealed by the losing bidder to the Louisiana Supreme Court, which denied its writ application on December 10, 2019. The award to the firm’s client is now final.
Riess LeMieux is proud to have assisted the client with securing the correct result under the Louisiana Public Bid Law and is excited for the client to successfully complete this project.
