Public Contract Issues

Conway & Mrowiec has substantial experience involving public contract issues.  Some highlights of our work are:

  • Crane and Conveying System.  Successfully defended an equipment leasing company from eight-digit claims that were made following the collapse of a unique crane and conveying system for a major bridge project in the western states involving accident reconstruction, complex structural failure analysis, and weld quality.
  • Maintenance Contract.  Successfully recovered after trial in Illinois Court of Claims for electrical contractor who was misled by the quantities in bid documents in one of the few Illinois cases to recognize the State’s liability for negligence in preparing the quantities stated in the bid documents.
  • Utility Plant.  Successfully represented electrical contractor in bid protest to convince public owner to reject accepted bid and rebid.
  • Affirmative Action. After five-week trial, trial court entered judgment finding City of Chicago’s MBE/WBE program to be unconstitutional.
  • Affirmative Action. Following oral argument, the Seventh Circuit Court of Appeals affirmed a trial court judgment finding the County of Cook’s MBE/WBE program to be unconstitutional. The trial court’s ruling was entered after a month-long trial.
  • Airport. The City of Chicago attempted to enforce its dispute resolution provision against a contractor. Based on the City’s prior, material breaches, however, we convinced a judge not to enforce that provision. This result protected the contractor from the “final and binding” decision of the City’s own purchasing agent.
  • Hospital. Successfully protested award of contract to low bidder on competitively bid public hospital project. The low bid bore an unauthorized signature and contained material exceptions to contract terms, but public owner argued its home rule status permitted the owner to waive the variances. After our opposition to motion to dismiss and deposition of procurement officer, owner agreed to relief requested by client second low bidder to re-bid.
  • Maintenance Contract. Successfully prosecuted claim against state department of transportation concerning unit price quantity underruns based on Owner’s incorrect quantity estimate on maintenance contract.
  • Underground Accelerator. Successfully prosecuted Miller Act and contract claims by supplier of low strength fill pipe insulating material on Department of Energy laboratory.