Legal Opinion · Dissent

Durr Heavy Construction, LLC v. City of New Orleans

Louisiana Court of Appeal

Decided March 16, 2016No. 2015-CA-0915Published

1DissentJenkins, J.

|i Because I find that TKTMJ was a responsive bidder, I respectfully dissent. The non-waiver provisions of Louisiana’s Public Bid Law, which are set forth in La. R.S. 38:2212(B)(1), are not applicable to this case.

It is well settled that the provisions and requirements of the Public Bid Law, as well as those provisions and requirements stated in the bid documents, shall not be waived by any public entity. La. R.S. 38:2212(B)(1); Dynamic Constr., L.L.C. v. Plaquemines Parish Gov’t, 2015-0271, p. 6 (La.App. 4 Cir. 8/26/15); 173 So.3d 1239, 1243-44, writ denied, 2015-1782 (La.10/30/05); 178…

2Cases cited4 opinions

  1. HAMP'S CONST. v. City of New OrleansSupreme Court of Louisiana · 2006
  2. Barriere Const. v. Terrebonne Consol. Gvt.Louisiana Court of Appeal · 2000
  3. Dynamic Constructors, L.L.C. v. Plaquemines Parish GovernmentLouisiana Court of Appeal · 2015
  4. Dynamic Constructors, LLC v. Plaquemnes Parish GovernmentSupreme Court of Louisiana · 2015

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