Contract Award Is Not A Contract, But Bidder May Pursue Claim For Damages For Posting Of Bonds
When is a contract award a contract? Virtually never. Rather, a contract award is just that – an award. It is not a binding contract and imposes no obligation on the public entity. In the words of Billie Jean King, a contract award is as fleeting as victory. Recently, in the case of Allan A. Myers LP v. […]
Commonwealth Court Finds Ambiguity In Bid Spec Creates Bidding Defect Requiring A Re-Bid
Does an ambiguous bid specification create an unlevel playing field? The answer has almost always been yes, and a recent Pennsylvania Commonwealth Court decision reiterates that long-standing principle of public bidding law. In 2011, Allegheny County and the City of Pittsburgh sought bids for a contract to process recyclable materials. Greenstar Pittsburgh, LLC (Greenstar), a disappointed bidder, brought […]
Christopher I. McCabe, Esq.
