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Concrete Busters of Louisiana, Inc. v. Board of Commissioners
69 So. 3d 484
La. Ct. App.
2011
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Background

  • Concrete Busters challenged a Port of New Orleans demolition contract award for the Henry Clay Avenue Wharf shed.
  • Bid documents required a Louisiana Uniform Public Work Bid Form and acknowledgment of addenda; Griffin submitted but without attached addenda acknowledgments.
  • Board awarded the contract to Griffin as the lowest responsive bidder despite the missing acknowledgments.
  • Concrete Busters protested, arguing Griffin’s bid was non-responsive for failing to attach addenda acknowledgments.
  • Board stated that addenda attachments were not material and only mandatory bid-form requirements mattered.
  • Trial court denied the mandamus and injunction; Concrete Busters appealed.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Subject to Public Bid Law? Demolition on public property falls within public work. Demolition not subject to Public Bid Law per AG Opinion 10-0026. Demolition falls within public work and thus the Public Bid Law applies.
Are addenda acknowledgments mandatory? Only bid-form requirements matter; attachments not required. Addenda acknowledgments were part of bidding documents and should be provided with bid. Bids must comply with all bid-form requirements; Griffin's bid was non-responsive for not clipping addenda acknowledgments.

Key Cases Cited

  • H Hamp's Constr., L.L.C. v. City of New Orleans, 924 So. 2d 104 (La. 2006) (uniform bid form; public bid law compliance framework)
  • Broadmoor, L.L.C. v. Ernest N. Morial New Orleans Exhibition Hall Auth., 867 So.2d 651 (La. 2004) (public bid law policy and compliance guidance)
  • Regency Constr., Inc. v. Lafayette City-Parish Consol. Government, 847 So.2d 796 (La. 2003) (public bid law applicability to public works)
  • Donahue v. Board of Levee Comm'rs of Orleans Levee Dist., 413 So.2d 488 (La. 1982) (demolition context in public contract history)
  • Donahue v. Board of Levee Comm'rs of Orleans Levee Dist., 413 So.2d 488 (La. 1982) (demolition context in public contract history)
Read the full case

Case Details

Case Name: Concrete Busters of Louisiana, Inc. v. Board of Commissioners
Court Name: Louisiana Court of Appeal
Date Published: Feb 2, 2011
Citation: 69 So. 3d 484
Docket Number: 2010-CA-1172
Court Abbreviation: La. Ct. App.