Lawsuits threatened in major John Wayne Airport expansion
Personal Injury News
Article Date: 7/14/2009 | Resource: MLG
Lawsuits threatened in major John Wayne Airport expansion
“Supervisors delay votes on contracts for new terminal, parking structure.”
An ambitious expansion of John Wayne Airport became tinged with legal uncertainty today as elected officials delayed major votes on construction contracts because of litigation threats.
County supervisors were asked to approve agreements to build a new terminal wing and a new parking structure. They instead voted 4-1, with Supervisor John Moorlach dissenting, to meet next week to discuss the legality of bids submitted on both projects.
In the case of the terminal, a firm called Whiting-Turner accidentally submitted a bid of $89 million, when it intended to bid $98 million.
The company was the low-bidder either way, but airport officials say such math errors cannot simply be overlooked, and that the deal should go to McCarthy Building Cos., which is next-lowest with a $102 million bid.
In the case of the parking structure, the low-bidder was Swinerton Builders, which entered a roughly $34 million bid.
The next-lowest bidder Bomel Construction Co. argues that Swinerton listed its subcontractors improperly, then revised the list, and should be disqualified. Airport officials say the list was merely clarified, that other firms listed subcontractors the same way and that Swinerton deserves the contract.
“Credible threats” of litigation exist with both projects, said Nicholas Chrisos, county counsel.
Supervisor Janet Nguyen voiced concern that airport officials were being “inconsistent” because, she said, it seemed on the surface that changes were not allowed with the terminal bids but were permitted for the parking structure process.
Supervisors “need to have answers on why one is allowed and why one isn’t allowed,” Nguyen said.
Bomel officials said a change lowered Swinerton’s bid by about $80,000. An attorney for Swinerton said no change occurred, but that even if it had, it did not constitute an “unfair competitive advantage” because Swinerton’s bid was almost $400,000 lower than that of Bomel.
Moorlach said the situations had been properly explained and that there was no sense in delaying the vote. “We’re going to get sued either way,” he said.
The terminal is set to open by early 2012, possibly several months sooner. The parking structure should be constructed by late 2010, but unless parking is very tight, it might just open along with the terminal.
Supervisors will weigh the legal issues next Tuesday, and could approve contracts as well. Lawsuits have the potential to snarl construction, though, with officials saying litigation could conceivably force a new round of bids.
For more information regarding this article please contact:
Jeffrey Marquart
(949)589-0150
jmarquart@marquartlawgroup.com