CEDAR BAY CONSTR., INC. v. CITY OF FREMONT

No. 89-77.

50 Ohio St. 3d 19 (1990)

CEDAR BAY CONSTRUCTION, INC., APPELLANT, v. CITY OF FREMONT ET AL., APPELLEES.

Supreme Court of Ohio.

Decided March 21, 1990.


Attorney(s) appearing for the Case

Marshall & Melhorn, Richard M. Kerger and Jennifer J. Dawson, for appellant.

Squire, Sanders & Dempsey and Thomas G. Hermann, for appellee city of Fremont.

Arter & Hadden and Michael W. Currie, for appellee Mosser Construction, Inc.


HOLMES, J.

The single issue presented in this case is whether the municipality abused its discretion by allowing clarifications and/or interpretations of a bid given by a bidding contractor after bids were opened, but before an award was made. For the reasons cited below, we hold the municipality did not abuse its discretion.

Under Ohio's competitive bidding statute municipalities are required to make a "* * * written contract with [the] lowest and best bidder...

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