Sayer v. Minnesota Department of Transportation

GILDEA, Chief Justice.

The question presented in this case is whether the common law standard for determining the responsiveness of a bid on a public construction contract applies in the context of the “design-build” contracting process the Legislature' established in Minn.Stat. § 161.3426 (2008). See, e.g., Sutton v. City of St. Paul, 234 Minn. 263, 269, 48 N.W.2d 436, 440 (1951) (“Unless the bid responds to the proposal in all material respects, it is not a bid at all, but a new proposition.” (quoting 10 Eugene McQuillan, The Law of Municipal Corporations § 29.78 (3d ed. rev.1999))). The…