Appeals Court reinstates Yates and Sons’ lawsuit against city
by Associated Press
Published: July 20,2012
WAVELAND — The state Court of Appeals has reinstated a contractor’s lawsuit against the city of Waveland.
The Sea Coast Echo reports W.G. Yates and Sons Construction sued Waveland in 2009 in a dispute over a $9.3 million contract awarded for a sewer project to Orleans, Ind.-based Reynolds Incorporated.
Yates alleged Waveland’s city engineer made corrections to the Reynolds bid and that the contract was awarded to an out-of-state company, both in violation of Mississippi law.
Yates further claimed the improperly corrected bid was never submitted or signed by Reynolds and was not sealed. Since it was corrected after the submission deadline, Yates argues the bid did not exist.
Yates claimed that local officials refused to discuss the issue and awarded the project to Reynolds.
Waveland officials said Reynolds was Mississippi-based as the company was acquired by Layne Christensen, which has done business in Mississippi since 1976.
The Appeals Court said this that the Mississippi ownership claim was not supported by any evidence other than an affidavit by an attorney for Reynolds and Layne Christensen.
Yates’ suit was thrown out in 2009 by a Hancock County judge.
The Appeals Court said Reynolds’ bid should have been rejected since it did not comply with specifications the city presented in its request for bids on the project.
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