James M. Garner

NEW ORLEANS – An Illinois-based contractor is suing the City of New Orleans for allegedly improper public works bidding procedures.

FHP Tectonics Corp. filed suit against the City of New Orleans in the Orleans Parish Civil District Court on Sept. 19.

FHP Tectonics Corp. FHP claims it submitted the lowest bid on the Harrison Avenue streetscape project and was later informed that the project was awarded on a higher bid to Durr Heavy Construction, LLC.

The plaintiff alleges that it was notified by phone that its bid had been disqualified by Mary Kay Kleinpeter-Zamora who was employed in the city's Bureau of Purchasing. FHP Tectonics Corp. claims that a formal written notice was required to notify that a bid was disqualified and that the City of New Orleans has not provided any reason for its bid being disqualified.

The plaintiff also asserts that it was not given the opportunity to appear at an informal hearing to refute the purported reason for disqualification.

The defendant is accused of arbitrarily and capriciously disqualifying their bid and awarding it instead to Durr Heavy Construction, LLC.

The plaintiff seeks for the judge to keep the City of New Orleans from awarding the contract to Durr, declare the current contract null and void and issue a judgment declaring the they be declared the lowest bidder.

FHP Tectonics is represented by James M. Garner of New Orleans-based Sher, Garner, Cahill, Richter, Klein & Hilbert, LLC.

The case has been assigned to Division I Judge Piper D. Griffin.

Case no. 2012-08954.

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