Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Design Dwellings Inc. v. Town of Windham

Superior Court of Maine, Cumberland

April 22, 2016

DESIGN DWELLINGS, INC. d/b/a DDI, CONSTRUCTION Plaintiff,
v.
TOWN OF WINDHAM Respondent. And R.J.GRONDIN & SONS, Party-in-Interest

          PL: A Robert Ruesch, Esq.

          DEF: Stephen Langsdorf Esq.

          PII: RJ Gronin-David Perkins, Esq.

          ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION

          Lance E. Walker Justice, Superior Court

         This matter is before the Court on Plaintiffs motion for preliminary injunctive relief. For the reasons stated herein, Plaintiffs motion is denied.

         Facts

         The Town of Windham (hereafter the "Town"], published an advertisement inviting bids on a construction project which involved the realignment and construction of approximately 800 feet of Angler's Road, new sidewalks, associated storm water management facilities, 700 feet of roadway widening and sidewalk improvements on Route 302, and traffic signal and lane striping improvements on Route 302. The Town also invited bids for work to be performed for the Portland Water District, including the extension of a water main and various other related construction projects.

          Bidders interested in the projects received a so-called Notice to Bidders dated February 1, 2016, as well as a bid form and a volume of pages of information regarding the project. The Notice to Bidders provided the process by which bids would be submitted and evaluated. Relevantly to the instant dispute, the Notice to Bidders explained that the Town reserved the right to reject any and all bids should it be deemed in the best interest of the Town to do so. Further the Town expressly reserved the right to evaluate the bidder's qualifications and capability to perform, among other matrices used in evaluating the bidders.

         The Town instructed its consultant, William Haskell, P.E. to review the bids and make recommendations for the award. Mr. Haskell recommended to the Town Manager that the bid be awarded to Grondin. Grondin was identified as the low bidder on the Windham portion of the project while DDI presented the lowest bid on the Portland Water District part of the project. However, Mr. Haskell expressed several concerns regarding the DDI bid, including in relevant part that its bid was substantially lower than any of the other eight bids and that the bid did not therefore properly account for the complexity of the project. Haskell expressed concern that DDI did not indicate that it had done any comparable projects in scope and complexity; that its experience primarily involved new subdivision roads; that DDI had not performed traffic signal construction work; and that DDI had listed two projects where work had not yet begun.

         By letter dated March 17, 2016, the Town Manager wrote a letter to DDI explaining the reasons why DDI was not the successful bidder which included the following: that Grondin was the low bidder for the Town side of the project; that DDI did not have the requisite qualification for the project because it lacked sufficient relevant experience; that the Town had unsatisfactory experience working with DDI; and DDI attempted to change its bid after the bid opening through an email of March 16, 2016. The Town followed up with substantially more detailed analysis of the various and sundry reasons why it concluded DDI was not qualified for the project based on its own experience with DDI as well as information regarding DDI's work performed on town projects in Windham and Gorham.

Conclusions

         It is the Plaintiffs burden to satisfy all four of the following elements of injunctive relief:

1. That Plaintiff has a likelihood of success on the merits;
2. That Plaintiff will suffer irreparable injury if the injunction ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.