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New Cases of Interest - April 6, 2015
Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc. (2015) 234 Cal.App.4th 748. This is a case in which unsuccessful bidders on public contracts filed claims on various theories that the successful bidder had unlawfully failed to pay its workers the prevailing wage, which is what allowed the lower bidder to in fact be the lower bidder. The court held that unsuccessful bidders could state a claim for intentional interference with prospective economic advantage on the theory that they would have been awarded the contracts as the lowest responsible bidders if the low bidder had in fact complied with public contract requirements. The allegation though had to be based upon the successful bidder's unlawful conduct in failing to pay the prevailing wage. The court hinted that other relief could have been available if additional allegations were included within the complaint.