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