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Great W. Contractors, Inc. v. Irvine Unified Sch. Dist., G041688

In plaintiff-contractor's suit against a school district (District), challenging the District's rejection of plaintiff's bid to remodel two elementary schools, trial court's judgment in favor of the District is reversed where: 1) trial court was incorrect in rejecting plaintiff's lowest bid as nonresponsive as, under D.H. Williams, 146 Cal.App.4th 757 (2007), a public agency cannot reject the bid of the lowest bidder on a public works project on the theory that the bid is nonresponsive to the agency's request for bids when, in substance, the real reason for the rejection is that the agency thinks the lowest bidder is "not responsible" - at least not without giving the lowest bidder the chance for a hearing on whether the lowest bidder really is "not responsible"; and 2) the trial court abused its discretion in rejecting plaintiff's admittedly belated request to amend.

Appellate Information

  • Submitted 08/31/2010
  • Decided 08/31/2010
  • Published 08/31/2010

Judges

  • SILLS

Court

  • California Court of Appeal

Counsel

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