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ARTICLE · 28 JUNE 2007

Contractor Entitled To Due Process Hearing Before Its Bid Is Rejected As Nonresponsive

Sedgwick Detert Moran & Arnold
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In D.H. Williams Construction Inc., v. Clovis Unified School District (Emmett's Excavation, Inc.), (C.D.O.S. 401 (January 10, 2007)), the California Court of Appeals held that a public agency could not reject the lowest bid as nonresponsive based upon the lowest bidding contractor listing an unlicensed subcontractor on bid forms.

United StatesReal Estate and Construction
Ronald Pierce
Ronald Pierce

In D.H. Williams Construction Inc., v. Clovis Unified School District (Emmett's Excavation, Inc.), (C.D.O.S. 401 (January 10, 2007)), the California Court of Appeals held that a public agency could not reject the lowest bid as nonresponsive based upon the lowest bidding contractor listing an unlicensed subcontractor on bid forms. Plus, the court distinguished between "responsible" bidders and "responsive" bids, stating that the lowest bidding contractor was entitled to a due process hearing to determine whether it was responsible under these facts.

Clovis Unified School District, through a construction manager, solicited bids for multiple prime contracts to build a $126 million educational center. With respect to one contract, D.H. Williams Construction was the lowest bidder, and Williams listed Patch Master of Central California as a subcontractor. However, Patch Master's contractors' license had expired before Williams listed it. Moreover, Patch Master's license still had not been

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