ABA Forum on Construction Law
Creative Collateral Claims Against Public Entities and their Agents
Most lawyers already know that losing bidders often target the owner and winning bidder when they believe that bid criteria or due process requirements were not followed. But what about advisors to the owner, such as architects, construction managers, and owner’s reps? Can they be liable to the losing bidder on theories like defamation, tortious interference, and other creative claims? This session explores theories of liability of those parties for the consequences of their advice, including a discussion of defamation and other potential claims for an architect’s recommendations on bid selection.