180 So. 3d 588
La. Ct. App.2015Background
- Plaquemines Parish School Board advertised a public works project for a high school field house and restrooms; four bids were received, One Construction bid was the lowest and Gootee the second lowest.
- The School Board awarded the contract to One Construction in November 2014; Gootee filed a petition seeking injunctive relief and other remedies.
- The district court granted a temporary restraining order, set a hearing, and later granted a preliminary injunction which was made permanent in January 2015.
- One Construction and the School Board filed exceptions including improper venue, lack of subject matter jurisdiction, and non-joinder; the district court overruled these.
- Key legal issue centers on whether One Construction’s bid complied with Louisiana’s Public Bid Law (La. R.S. 38:2212) and the sufficiency of written authority for the bid signer.
- The court ultimately affirmed the district court’s rulings, including the grant of the preliminary injunction, based on findings about venue waiver and bid-law compliance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of improper venue | Gootee contends One Construction waived venue defense by appearance. | One Construction argues no waiver occurred and the venue issue remains. | Waiver found; district court did not err. |
| Lack of subject matter jurisdiction | Gootee asserts district court had jurisdiction over contract action. | One Construction argues lack of jurisdiction due to venue/joinder issues. | Subject matter jurisdiction properly existed; overrule affirmed. |
| Non-joinder of indispensable party | Gootee argues Board’s absence would impair rights; non-joinder improper. | One Construction contends indispensable party was not joined. | Non-joinder overruled; board joined by petition and service; argument meritless. |
| Preliminary injunction viability | Gootee must show irreparable injury and likelihood of success on merits. | One Construction challenges necessity and propriety of injunctive relief. | District court properly granted injunction; bid-law violation supports relief. |
| Bid compliance with Public Bid Law | Gootee alleges One Construction’s bid violated La. R.S. 38:2212(B)(2) and (B)(5) and bidding instructions. | One Construction argues statutory requirements differ from bidding instructions and are met. | Bid failed to include written evidence of signatory authority; injunction affirmed. |
Key Cases Cited
- Seghers v. LaPlace Equip. Co., 136 So.3d 64 (La.App. 5 Cir. 2014) (de novo review of improper venue; waiver discussed)
- Citadel Builders, L.L.G. v. Dirt Worx of La., L.L.C., 165 So.3d 117 (La.App. 5 Cir. 2014) (pleading sufficiency and treatment of an answer)
- Acme Refrigeration of Baton Rouge, Inc. v. Caljoan, Inc., 346 So.2d 743 (La. App. 1 Cir. 1977) (definition of 'joined' party and pleading concepts)
- Morris v. Succession of Williams, 634 So.2d 1266 (La. App. 3 Cir. 1994) (joined when named in petition and served with process)
- Wooley v. Lucksinger, 61 So.3d 507 (La. 2011) (judgments and reasons for judgment; standard of review)
- Broadmoor, L.L.C. v. Ernest N. Mortal New Orleans Exhibition Hall Auth., 867 So.2d 651 (La. 2004) (Public Bid Law strict compliance; injunctive relief)
- Phylway Constr., LLC v. Terrebonne Parish Consol. Gov't, 153 So.3d 516 (La.App. 1 Cir. 2014) (public bidding minimum requirements; supplementation by bidding instructions)