CalMatters Commentary - The California Supreme Court has blown the legal whistle on schemes by school officials to evade competitive bidding on school construction projects.
[co-author: Anya Kwan ]
California Court of Appeal Decision in School District Case Applies to Public Agencies
Even completed government contracts can be challenged by a taxpayer claiming the contract constituted the improper expenditure of funds, the California Court of Appeal determined.
Plaintiff Stephen Davis sued the Fresno Unified School District and Harris Construction Co. for entering into a construction contract allegedly in violation of the competitive bidding requirements and laws preventing conflict of interest. The District filed a demurer and the case was dismissed, but the Fifth District Court of Appeal reversed the dismissal and sent the case back to the trial court. The District then filed a motion for judgment on the pleadings on the grounds that the construction was completed, thereby rendering Davis’ claims moot. The trial court agreed, dismissed the action and Davis again appealed.