Wiseman Construction Co. v. Maynard C. Smith Construction Co.

WORKMAN, Chief Justice:

Respondent Maynard C. Smith Construction Company, Inc. (hereinafter “MCS”), the low bidder on a government construction contract, filed suit to rescind the contract awarded to the next low bidder, Petitioner Wiseman Construction Company, Inc. (hereinafter “Wiseman”). Following an evidentia-ry hearing, the Circuit Court of Kanawha County, West Virginia, made detailed findings of fact and conclusions of law finding that the determination to disqualify MCS “was not rational” and “was based upon an ambiguous ‘requirement’ set forth in the bid documents that was. of no…