Command Constr. Indus., L.L.C. v. City of New Orleans

250 So. 3d 1016
CourtLouisiana Court of Appeal
DecidedJune 20, 2018
DocketNO. 2017–CA–0551; NO. 2017–CA–0552; NO. 2017–CA–0635
StatusPublished

This text of 250 So. 3d 1016 (Command Constr. Indus., L.L.C. v. City of New Orleans) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Command Constr. Indus., L.L.C. v. City of New Orleans, 250 So. 3d 1016 (La. Ct. App. 2018).

Opinion

JUDGE SANDRA CABRINA JENKINS

This is a public bid dispute. When the City of New Orleans (the "City") learned that it had issued identical flawed invitations to bid on two public road-paving projects, the City decided to reject all of the bids and to re-advertise the projects. One of the bidders, Command Construction Industries, L.L.C. ("Command"), filed two lawsuits seeking to enjoin the City from rebidding the projects and to force the City to award the projects to Command. After the suits were consolidated, the trial court rendered a March 15, 2017 judgment granting a preliminary injunction in favor of Command on one project, and denying injunctive relief to Command on the other project. The judgment also denied Command's requests for writs of mandamus on both projects. Both the City and Command appealed. For the reasons that follow, we *1019affirm in part, reverse in part, and remand.

FACTUAL AND PROCEDURAL BACKGROUND

The Projects

Pursuant to the Louisiana Public Bid Law, on July 31, 2015, the City issued an Invitation to Bid on a public work for the paving of streets in the Gentilly Terrace and Desire area neighborhoods of New Orleans (the "Gentilly Project"). The Invitation to Bid stated that each bidder was "required" to submit a Louisiana Contractors License Number with two specific classifications: (1) "Public Works Construction"; and (2) "Highway, Street & Bridge Construction."

On August 14, 2015, the City issued another Invitation to Bid for the paving of streets in the Treme and Laffite neighborhoods of New Orleans (the "Treme Project"). Like the Gentilly Project, the Invitation to Bid on the Treme Project required contractor licenses in "Public Works Construction" and "Highway, Street & Bridge Construction."

On September 10, 2015, the City opened the bids for the Gentilly Project; and on September 22, 2015, the City informed Roubion Roads & Streets, LLC ("Roubion") that it was the lowest bidder and that the City intended to award the contract to Roubion.

On October 2, 2015, Command, which was the second-lowest bidder on the Gentilly Project, protested the City's plan to award the contract to Roubion. Command complained that Roubion was a non-responsive bidder because it did not meet the licensing requirements for the contract, in that Roubion only had a license classification for "Highway, Streets & Bridge Construction," and not for "Public Works Construction," as required by the bid documents.

The City opened the bids on the Treme Project on September 15, 2015. On October 6, 2015, the City sent a letter to Command advising that the City intended to award the Treme Project to Command, subject to the receipt and approval of post-bid documentation and the execution of a formal contract with the City.

On October 7, 2015, Roubion responded to Command's bid protest on the Gentilly Project. Roubion advised the City that, although the Invitation to Bid required a license for "Public Works Construction," there was no such classification recognized by the Louisiana Licensing Board of Contractors. Roubion told the City that Roubion was the lowest responsive and responsible bidder on the Gentilly Project because the only "true" license requirement in the Invitation to Bid was the classification "Highway, Street & Bridge Construction," which Roubion held.

On October 16, 2015, the City advised Command that the City had determined that there was just cause for rejection of all bids on the two projects because "no bidder ha[d] the nonexistent contractor license classification as per the instructions on the Invitation to Bid."

On October 16, 2015, Command filed two separate "Verified Petitions for Preliminary Injunction, Writ of Mandamus, and Permanent Injunction, or in the Alternative, for Damages" (collectively, the "Petitions"). In the Petitions, Command sought to enjoin the City from rebidding both the Gentilly and the Treme Projects, and requested writs of mandamus to compel the City to award the two contracts to Command. The two lawsuits were consolidated.

A hearing was held on November 5, 2015. On March 17, 2017, the trial court rendered a judgment:

(1) denying Command's Petition for Preliminary Injunction with respect to the Gentilly Project;
*1020(2) granting Command's Petition for Preliminary Injunction with respect to the Treme Project;
(3) denying Command's Petition for Writ of Mandamus with respect to the Gentilly Project; and
(4) denying Command's Petition for Writ of Mandamus with respect to the Treme Project.

The trial court found that, on the Gentilly Project, the City had "just cause" to reject all bids "due to the City's flawed bidding process." On the Treme Project, however, the trial court found that Command was the "lowest responsive and responsible bidder," and should be awarded the contract.

On April 18, 2017, Command filed an "Ex Parte and Unopposed Motion to Make Preliminary Injunction Permanent."1 On that same date, the trial court issued an order making permanent the March 15, 2007 judgment in favor of Command with respect to the Treme Project only.

The City appeals that portion of the March 15, 2017 judgment granting Command's request for a preliminary injunction on the Treme Project, and the April 18, 2017 order making that portion of the judgment permanent. Command appeals that portion of the March 15, 2017 judgment denying Command's request for a preliminary injunction on the Gentilly Project, and denying Command's requests for a writ of mandamus on both the Gentilly and Treme Projects.

DISCUSSION

Standard of Review

"A trial court has broad discretion in the granting or denial of a preliminary injunction, and will not be disturbed on review absent clear abuse of that discretion." Yokum v. Pat O'Brien's Bar, Inc. , 12-0217, p. 6 (La. App. 4 Cir. 8/15/12), 99 So.3d 74, 80 (quotations and internal citations omitted). A trial court's denial of a writ of mandamus is also reviewed under an abuse of discretion standard. Constr. Diva, L.L.C. v. New Orleans Aviation Bd. , 16-0566, p. 13 (La. App. 4 Cir. 12/14/16), 206 So.3d 1029, 1037, writ denied , 17-0083 (La. 2/24/17), 216 So.3d 59. This court reviews legal issues using the de novo standard of review. A.P.E., Inc. v. City of New Orleans , 13-1091, p. 7 (La. App. 4 Cir. 1/15/14), 132 So.3d 475, 480.

The Louisiana Public Bid Law

The Louisiana Public Bid Law, La. R.S. 38:2211, et seq. , governs the manner by which all contracts for public works are to be awarded. Dynamic Constructors, L.L.C. v. Plaquemines Parish Gov't , 15-0271, p. 5 (La. App. 4 Cir.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Wallace C. Drennan, Inc. v. Sewerage & Water Bd.
798 So. 2d 1167 (Louisiana Court of Appeal, 2001)
Apolinar v. Professional Const. Services
663 So. 2d 17 (Supreme Court of Louisiana, 1995)
Broadmoor, LLC v. ERNEST N. MORIAL EXHIBITION
867 So. 2d 651 (Supreme Court of Louisiana, 2004)
HAMP'S CONST. v. City of New Orleans
924 So. 2d 104 (Supreme Court of Louisiana, 2006)
Philip Shelton v. Nancy Pavon
236 So. 3d 1233 (Supreme Court of Louisiana, 2017)
Command Construction Industries, L.L.C. v. City of New Orleans
126 So. 3d 716 (Louisiana Court of Appeal, 2013)
A.P.E., Inc. v. City of New Orleans
132 So. 3d 475 (Louisiana Court of Appeal, 2014)
Dynamic Constructors, L.L.C. v. Plaquemines Parish Government
173 So. 3d 1239 (Louisiana Court of Appeal, 2015)
Shelton v. Pavon
212 So. 3d 603 (Louisiana Court of Appeal, 2017)
Thompson v. Louisiana Department of Public Safety & Corrections
219 So. 3d 328 (Supreme Court of Louisiana, 2017)
Yokum v. Pat O'Brien's Bar, Inc.
99 So. 3d 74 (Louisiana Court of Appeal, 2012)
Construction Diva, L.L.C. v. New Orleans Aviation Board
206 So. 3d 1029 (Louisiana Court of Appeal, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
250 So. 3d 1016, Counsel Stack Legal Research, https://law.counselstack.com/opinion/command-constr-indus-llc-v-city-of-new-orleans-lactapp-2018.