Olympia Attorney Assisting With Construction Bid Protests

blueprints and calculatorConstruction companies expect to be treated fairly when they bid on a public project. This fair treatment includes being awarded a contract when one has submitted the lowest bid and they meet the other criteria that is required to be awarded the job. Unfortunately there are instances in which a contractor may be denied a contract due to being underbid by a company which does not meet the necessary criteria. A company that finds themselves in such a situation may file a “bid protest” and dispute the awarding of the contract. It is important to understand that disputes must be filed within a certain amount of time and that proper procedures must be followed. It is, therefore, crucial that you contact a construction law lawyer immediately. Ben Cushman is an Olympia attorney helping with bid protests. He prides himself on providing a high level of service and our firm is ready to help you. Contact us today. We also serve Tacoma and other Washington areas.

Construction lawyer assisting Olympia and Tacoma companies in protesting the bidding of public projects

There are laws and regulations in place which apply to the awarding of public construction projects. Such projects are required to go to the contractor who:

  • Submits the lowest bid, and
  • Is “responsive,” and
  • Is “responsible”

A contractor will be considered responsive if it complies with requirements of the bid solicitation or invitation to bid on the project. The default is that strict compliance is necessary, but there are exceptions (called “immaterial irregularities”) to this rule. This means, for example, that the submitted bid must be for the type, amount, and quality of work which the job requires, must acknowledge all addenda, and must be properly signed and complete. A contractor will be considered responsible if they are deemed able to perform the work. This means that the company has the resources (in terms of financing, labor, etc.) to be able to perform the job they are bidding on and meets any experience or past-performance evaluation requirements.

A company may dispute the award of a contract to a lower bidder if they believe that the other company either was non-responsive or not responsible. The process of disputing an award is time sensitive. The governmental agency accepting the bids will typically have its own procedure for disputing an award, often described in the bid solicitation. To preserve statutory rights, bid protests must be filed within two days of bid opening. Most bid protests are handled without resort to litigation, but injunctive relief is available to prevent an unlawful award.

Ben Cushman is an Olympia bid protest attorney who helps public works contractors. Ben will use your initial consultation to gain an understanding of your situation and of the project upon which you submitted a bid. He will move quickly to initiate and aggressively pursue the protest and to obtain and review bid records to discover as many errors as possible in your competitor’s bid. We are ready to help you. Contact us today.

Our firm also serves the Thurston County cities of Lacey, Tumwater, and Yelm, the Pierce County cities of Tacoma, Puyallup, and Lakewood, the Lewis County cities of Centralia, Chehalis, the King County cites of Seattle, Auburn, Bellevue, Burien, and Federal Way, as well as other areas in Washington, including Grays Harbor, Mason, Cowlitz, and Pacific Counties.

Olympia lawyer staying in regular communication with construction companies who have a bid wrongly denied

You are frustrated enough if your company has had a construction bid wrongly denied. You do not need the added frustration of dealing with an attorney who does not leap to action on a time frame that counts minutes rather than days. Ben makes lawyer-client communication a priority. This includes promptly returning your phone calls, quickly responding to your emails, and making himself available to answer your questions. It is our honor to serve the Olympia and South Sound community and we take this obligation seriously.