Doth the contractor protest too soon? Public construction bid dispute sparks question of legal timing
Abstract: Pennsylvania’s “Separations Act” requires the preparation of separate specifications, and the taking of separate bids, for plumbing, heating, ventilation and electrical work on any public building costing more than $4,000. If a project is released for bidding without the required separation of trades, the act is enforced by allowing excluded trade contractors to submit bid protests. This article addresses a case in which the timing of just such a bid protest was at the heart of the matter.