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Contracts
Construction Contract
Denied Bid Relief

CF Contracting Inc. v. City and County of San Francisco, and Does 1 to 10, inclusive

Published: Jun. 23, 2017 |

Case number: CGC-16-551060 Settlement –  $120,000

Court

San Francisco Superior Courrt


Attorneys

Plaintiff

Robert N. Weaver
(Less & Weaver)


Defendant

Elaine M. O'Neil
(Office of the San Francisco City Attorney)

Dennis J. Herrera
(San Francisco Public Utilities Commission)

David R. Hobstetter
(Office of the San Francisco City Attorney)


Facts

CF Contracting Inc. filed a complaint against the City and County of San Francisco, seeking declaratory relief regarding the city's allegedly wrongful denial of CFC's bid.

Contentions

PLAINTIFF'S CONTENTIONS: CF Contracting, a general contractor, submitted a bid to the Dept. of Public Works for the construction of the Mountain Lake Park Playground Renovation. The city accepted its bid as the lowest bidder, but plaintiff found out that it had misplaced a decimal point in its bid cost. CF Contracting informed DWP of this significant clerical error and timely requested relief from bid, but was denied. The city continued to demand that CF Contracting perform work on the project without adjustment for the bidding error and other issues. After exhausting administrative remedies, CF Contracting filed this instant action seeking declaratory relief, seeking, among other things, to estop the city from enforcing the agreement.

DEFENDANT'S CONTENTIONS: The city substantively denied the allegations and asserted various affirmative defenses.

Result

The city agreed to settle the dispute for $100,000. The city agreed to pay an additional $10,000 if CF Contracting reaches substantial completion of the Project by the specified date. Among other things, the parties also agreed to release claims for any delay and an extension of the completion dates.


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