Gariup Construction Co. v. Carras-Szany-Kuhn & Associates, P.C., 945 N.E.2d 227

Gariup Construction sued CSK and Behling for violating the Indiana Antitrust Act by colluding to restrict bidding on the Munster Library project.
CSK acted as the project architect and controlled bid procedures; Kuhn signed the CSK contract.
Bids were opened Sept. 20, 2007; Gariup and Behling were the lowest bidders, with Behling ultimately recommended by CSK and Attorney Kelly as lowest and most responsive.
Gariup was late submitting its subcontractor list within 24 hours; Behling timely submitted its list.
Library minutes show it awarded to Behling as the lowest and most responsive bid based on counsel and CSK guidance.
Gariup alleged that post-bid requirements and alleged friendships implied collusion, seeking treble damages under §24-1-2-7(a).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether §24-1-2-3 supports Gariup's claim regardless of government-party collusion	Gariup's claim properly lies under §24-1-2-3	Shook requires government-collusion involvement for §24-1-2-3 claims	§24-1-2-3 may apply without government collusion
Whether there are genuine issues of material fact of collusion between CSK and Behling	Close friendship and control over bidding suggest collusion	No evidence shows collusion affecting bidding outcome	No genuine material-fact issue; evidence shows no collusion
Whether appellate attorneys' fees should be awarded	Not argued as frivolous	Appeal potentially frivolous	No appellate fees awarded

Shook Heavy & Environmental Construction Group v. City of Kokomo, 632 N.E.2d 355 (Ind. 1994) (private §24-1-2-7 requires government collusion or fraud for injunction)
Schindler Elevator Corp. v. Metropolitan Development Commission, 641 N.E.2d 653 (Ind.Ct.App. 1994) (post-bid changes; responsiveness standards; good faith effort distinction)
City of Auburn v. Mavis, 468 N.E.2d 584 (Ind.Ct.App. 1984) (antitrust act aims to prevent fraud and collusion in public contracting)