Construction company files suit against the City of New Orleans over bid process

NEW ORLEANS – A local company claims the City of New Orleans improperly denied awarding it a project after submitting the lowest responsive bid.

Zimmer-Eschette Service II LLC filed suit against the City of New Orleans and Mitchell J. Landrieu, in his official capacity as the mayor of the City of New Orleans, in the Orleans Parish Civil District Court on June 13.

The plaintiff claims it was the lowest responsive bidder for a project that was advertised to the public by the defendant. The plaintiff claims it submitted a bid that was for the third-lowest value, but it was the lowest bidder that had completed all of the stated requirements made by the defendant on a bid form. The plaintiff asserts that the defendant then rejected all bids, including the plaintiffs, because the requirements added to the bid form by the defendant were in violation of state law. The plaintiff claims the bid rejection by the defendant was improper because additions to the bid form were not in violation of Louisiana Public Bid Law, but in contrast, must be enforced under the state bid law.

The defendant is accused of improperly rejecting all bids for a project in which the plaintiff was the lowest responsive bidder.

The plaintiff is seeking a preliminary injunction prohibiting the City of New Orleans from re-advertising the project, an eventual permanent injunction requiring the City of New Orleans to award the contract to the plaintiff, and that the court declare that the City of New Orleans violated the Louisiana public bid law when it rejected all bids.

Zimmer-Eschette Service II is represented by Lloyd N. Shields from the firm of Shields Mott LLP in New Orleans.

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

Case no. 2014-05877.