State ex rel. Ohio Mechanical Contracting Industry, Inc. v. Cleveland, 92-1181
| Decision Date | 11 December 1992 |
| Docket Number | No. 92-1181,92-1181 |
| Citation | 605 N.E.2d 386,65 Ohio St.3d 1210 |
| Parties | The STATE ex rel. OHIO MECHANICAL CONTRACTING INDUSTRY, INC. et al. v. CITY OF CLEVELAND et al. |
| Court | Ohio Supreme Court |
Bricker & Eckler, and Luther L. Liggett, Jr., Columbus, for relators Ohio Mechanical Contracting Industry, Inc., Nat. Elec. Contractors Ass'n, Inc., Greater Cleveland Chapter, United Mechanical Contractors, Inc., and D.E. Williams Elec., Inc.
Danny R. Williams, Director of Law, Sharon Sobol Jordan, Chief Counsel, Kathleen A. Martin, Chief Asst. Director of Law, and Gary N. Travis, Asst. Director of Law, Cleveland, for respondents city of Cleveland, Michael R. White, Mayor, Jay Westbrook, President of Council, Kenneth J. Nobilio, Com'r, Div. of Architecture; William Moon, Com'r, Dept. of Purchases and Supplies, and Danny R. Williams, Director of Law.
Graves, Haley, Horton & Muttalib, and Earle C. Horton, Cleveland, urging support for respondents, for amici curiae Cleveland Business League, Minority Contractors Ass'n of Northeast Ohio, Inc., Organization of Minority Businesses, and Black Trades Council of Ohio, Inc. et al.
Calfee, Halter & Griswold, John E. Gotherman and Marilyn G. Zack, Cleveland, urging support for respondents, for amici curiae Ohio Municipal League and Ohio Mun. Attys. Ass'n.
Edwin Romero, Youngstown Director of Law, J. Anthony Sawyer, Dayton Director of Law, Fay D. Dupuis, Cincinnati Director of Law, Ronald J. O'Brien, Columbus City Atty., Max Rothal, Akron Director of Law, and Keith A. Wilkowski, Toledo Director of Law, urging support for respondents, for amici curiae cities of Youngstown, Dayton, Cincinnati, Columbus, Akron, and Toledo.
This cause originated in this court on the filing of a complaint for a writ of mandamus and was considered in a manner prescribed by law.
According to the complaint filed in this action, respondent city of Cleveland ("city") planned to renovate a municipal building and solicited bids on the renovations. The city desires to hire a single general contractor and therefore instructed bidders to submit "single prime contract bids" (i.e., bids for the entire project) only.
Relators, two mechanical trade contractors and two organizations representing such contractors, contend that R.C. 153.50 et seq. requires the city to allow for portions of the work, such as electrical work, plumbing, or heating. Each relator asked the city to modify the bid package to allow partial bids. ...
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