MECCON, INC. v. UNIV. OF AKRON

No. 2009-0950.

126 Ohio St.3d 231 (2010)

2010-Ohio-3297

MECCON, INC. ET AL., Appellees, v. UNIVERSITY OF AKRON, Appellant.

Supreme Court of Ohio.

Decided July 21, 2010.


Attorney(s) appearing for the Case

Thompson Hine, L.L.P., Peter D. Welin, and Andrew R. Fredelake, for appellees.

Richard Cordray, Attorney General, Benjamin C. Mizer, Solicitor General, Alexandra T. Schimmer, Chief Deputy Solicitor General, Emily S. Schlesinger, Deputy Solicitor, and William C. Becker and Lisa J. Conomy, Assistant Attorneys General, for appellant.

Schottenstein, Zox & Dunn Co., L.P.A., Stephen L. Byron, Rebecca K. Schaltenbrand, and Stephen J. Smith; and John Gotherman, urging reversal for amici curiae, Ohio Municipal League, County Commissioner Association of Ohio, and Ohio Township Association.


CUPP, J.

{¶ 1} The question before us is whether bid-preparation costs may be recovered as damages by a bidder who establishes that its bid on a public-improvement project was wrongfully rejected because the public authority awarding that contract failed to comply with state competitive-bidding laws. We conclude that reasonable bid-preparation costs may be recovered if the rejected bidder promptly sought but was denied a timely injunction to suspend...

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