Contractor nonsuits BISD in case over lost bid on Dishman gym

David Yates Sep. 12, 2011, 12:55pm

Bruce's General Construction has nonsuited the Beaumont Independent School District from litigation alleging the district cost taxpayers an extra $150,000 and violated Texas bidding procedures when it hired a more expensive contractor.

As previously reported, Bruce's filed a suit in January claiming it was not awarded a contract to build the new gymnasium at Dishman Elementary School, despite bidding $158,000 less in construction costs than the company that BISD hired.

On April 8 Judge Bob Wortham, 58th District Court, dismissed the cause of action with prejudice.

Court records show that Bruce's had filed a notice of nonsuit on March 31, stating that it had settled its issues with BISD and the other defendants.

According to the complaint, filed Jan. 25 in Jefferson County District Court, taxpayers ended up forking over $1,658,000 to the winning bidder, former defendants Morganti and Charlton Pollard Neighborhood Association Construction.

However, the companies would never have been awarded the contract had BISD followed correct bidding procedures outlined in the Texas Education Code, the suit states.

School districts must award contracts based on price, the potential contractor's reputation, the quality of the potential contractor's goods and services, the extent to which the goods and services meet the school district's needs, past relationship with the school district and long-term costs to the school, the suit states.

In its complaint, Bruce's claims it repeatedly attempted to address its complaint informally with BISD, but the administration and board chose to ignore its concerns.

Michael D. Getz and David Vann Decordova Jr. of Beaumont represented it.

Case No. A189-246

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