Bid Protests

The Louisiana Public Bid Law applies to state-owned construction projects and is a large part of our Firm’s construction law practice. The Louisiana Public Bid Law, La. Rev. Stat. 38:2211, et seq., provides the governing rules and procedures for Louisiana public entities and  political subdivision to enter into construction contracts. La. Rev. Stat. 38:2212 requires a public entity to award a public works construction contract to the lowest responsive and responsible bidder.

Although a seemingly straightforward concept, the question of who is the lowest responsive and responsible bidder can become a heavily litigated point of contention under the Public Bid Law. This is because of the amount of money that a contractor may stand to gain, or lose, to protect its right to perform the project. Typically, a Public Bid Law challenge starts with a bid protest, which arises outside of court.  If the dispute cannot be resolved at the protest phase, a challenging bidder may file suit to request a temporary restraining order (TRO), a preliminary injunction, a permanent injunction, a mandamus, and/or a declaratory judgment in an attempt to prevent the performance of the construction project until a court determines the correct contractor to which the public entity must award the contract.

The attorneys at Shields | Mott are experienced in all phases of the bidding and award of public works construction projects, including bid protests, litigating in court, and negotiating and drafting bidding documents and disputes on behalf of a public entity. Public Bid disputes typically move at a rapid pace, so it is important to act fast and contact an attorney as soon as possible for issues involving the Public Bid Law.