Bid Protest and Late Submission

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In E.M. Watkins & Co. v. Board of Regents, 414 So.2d 583 (Fla. 1st DCA 1982), the apparent low bidder on a project submitted a required list of subcontractors a few hours after the deadline for bid submittals.  The court deemed the bidder’s failure to timely submit the list to be material and non-waiveable because the late submission facilitated undesirable subcontractor bid shopping.  The court came to this conclusion even though there was no evidence that the bidder actually had received an unfair advantage or benefit by submitting the subcontractor list after the bid submittal deadline.


Trenton H. Cotney
Board Certified in Construction Law
Trent Cotney, P.A.
1207 N Franklin St, Ste 222
Tampa, FL 33602
(813) 579-3278


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