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