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Barriere Construction Co., L.L.C. v. Parish of Tangipahoa and Beverly Construction Co., L.L.C.

Court of Appeals of Louisiana, First Circuit

September 24, 2018

BARRIERE CONSTRUCTION CO., L.L.C.
v.
THE PARISH OF TANGIPAHOA AND BEVERLY CONSTRUCTION CO., L.L.C.

          On Appeal from the Twenty-First Judicial District Court In and for the Parish of Tangipahoa State of Louisiana No. 2017-0002614 Honorable Elizabeth P. Wolfe, Judge Presiding

          Michael R.C. Riess Michael D. Lane New Orleans, LA Counsel for Plaintiff/Appellant Barriere Construction Co., L.L.C.

          Clifton T. Speed Greensburg, LA Counsel. for Defendant/Appellee Parish of Tangipahoa

          Maura Z. Pelleterri Amy S. Malish New Orleans, LA Counsel for Defendant/Appellee Beverly Construction Co., L.L.C.

          BEFORE: WHIPPLE, C.J., McCLENDON, and HIGGINBOTHAM, JJ.

          WHIPPLE, C.J.

         In this public bid dispute, the rejected bidder, Barriere Construction Co., L.L.C. ("Barriere"), appeals a judgment of the trial court denying its request for a preliminary injunction, seeking to enjoin and prevent the award or execution of a contract for a road improvement project to any bidder other than Barriere. For the following reasons, we affirm the judgment of the trial court.

         FACTS AND PROCEDURAL BACKGROUND

         On June 30, 2017, the Tangipahoa Parish Government (hereinafter referred to as "the parish government") issued an invitation to bid in connection with a project, entitled "Club Deluxe Road Overlay and Widening" (hereinafter referred to as "the project"). The "Information for Bidders" page provided, in pertinent part, that:

1. Receipt and Opening of Bids: The Parish of Tangipahoa (herein called the "Owner"), invites bids on the form attached hereto. All blanks must be appropriately filled in. [. . .]
* * * *
5. Determination of Unit and Extended Prices: In unit price bids, the total amount bid shall be in the sum of the correct extensions of the unit price bid on each item of work multiplied by the approximate quantity of work shown for the respective item. Each extension shall be carried to one hundredth of a dollar, and the last digit in the extension (or cents' place) shall not be rounded off.

(Emphasis added.)

         Attached to the invitation to bid was a document titled "Louisiana Uniform Public Work Bid Form," which included a line for bidders to state their "total base bid." The form further specified that the total base bid was "[f]or all work required by the Bidding Documents (including any and all unit prices designated 'Base Bid' but not alternates) the sum of[.]" Additionally, attached to the invitation to bid was a "Unit Price Form," specifying certain quantities of required materials for the project and specifying certain work that was required for the project, wherein bidders were required to ...


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