Public Procurement Protests and Claims
Conway & Mrowiec has substantial experience involving public contract issues. Some highlights of our work are:
Crane and Conveying System
Successfully defended an equipment leasing company from eight-digit claims that were made following the collapse of a unique crane and conveying system for a major bridge project in the western states involving accident reconstruction, complex structural failure analysis, and weld quality.
Maintenance Contract
Successfully recovered after trial in Illinois Court of Claims for electrical contractor who was misled by the quantities in bid documents in one of the few Illinois cases to recognize the State’s liability for negligence in preparing the quantities stated in the bid documents.
Utility Plant
Successfully represented electrical contractor in bid protest to convince public owner to reject accepted bid and rebid.
Affirmative Action
After five-week trial, trial court entered judgment finding City of Chicago’s MBE/WBE program to be unconstitutional.
Affirmative Action
Following oral argument, the Seventh Circuit Court of Appeals affirmed a trial court judgment finding the County of Cook’s MBE/WBE program to be unconstitutional. The trial court’s ruling was entered after a month-long trial.
Airport
The City of Chicago attempted to enforce its dispute resolution provision against a contractor. Based on the City’s prior, material breaches, however, we convinced a judge not to enforce that provision. This result protected the contractor from the “final and binding” decision of the City’s own purchasing agent.
Hospital
Successfully protested award of contract to low bidder on competitively bid public hospital project. The low bid bore an unauthorized signature and contained material exceptions to contract terms, but public owner argued its home rule status permitted the owner to waive the variances. After our opposition to motion to dismiss and deposition of procurement officer, owner agreed to relief requested by client second low bidder to re-bid.
Maintenance Contract
Successfully prosecuted claim against state department of transportation concerning unit price quantity underruns based on Owner’s incorrect quantity estimate on maintenance contract.
Underground Accelerator
Successfully prosecuted Miller Act and contract claims by supplier of low strength fill pipe insulating material on Department of Energy laboratory.