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Contractor Can?t Substitute Disgruntled Subs Post-award

Monday, October 04, 2010 03:45 am


Subcontractors -- Contract Terms

Jay Dee/Mole Joint Venture v. Mayor of Baltimore, 2010 U.S. Dist. LEXIS 74794 (D. Md. July 26, 2010) After making pre-bid commitments with two subcontractors, a contractor tried to renegotiate the terms. The subs balked, and without them the contractor couldn?t meet the project?s minority- and women-owned business requirements.

Jay Dee/Mole Joint Venture (JDM) submitted a bid for a $40 million City of Baltimore sewer project that involved replacing and constructing thousands of feet of sewer lines. The project contract required the winning bidder to assign ten percent of the work to City-certified minority-owned business enterprise (MBE) subs and another ten percent of the work to City-certified women-owned business enterprise (WBE) subs. [...]

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