Rejection of a low bidder

Bricker & Eckler LLP represented a school district in a bid dispute lawsuit brought by a bidder that the district rejected on responsibility grounds. The representation resulted in a Court of Appeals decision that reinforced the "abuse of discretion" standard for bid disputes in Ohio.

Multiple challenges to the low bid

In a bid dispute involving multiple challenges of the low bid by the second low bidder, Bricker & Eckler LLP represented the school district. As part of its decision, the court reaffirmed the authority of public owners to award the bid based on selected alternates.

Challenge to authority to award selected alternates

In a bid dispute involving a bidder's challenge to the authority of the school district to award selected alternate bids, Bricker & Eckler LLP represented the school district. The bidder sought only monetary damages without seeking injunctive relief. Both the trial court and the Court of Appeals reaffirmed the authority of a school district to award a contract based on selected alternates and clearly established the obligation of a disgruntled bidder to timely seek injunctive relief. Both courts held that failure by the bidder to timely seek injunctive relief constituted a waiver of all of its potential remedies.