Valley Crest Landscape, Inc. v. City Council

North Bay Construction, Inc, was the successful low bidder on a park project for the City of Davis (the City). The bid request required the bidder perform at least 50 percent of the work itself and to set forth the percentage of work to be performed by each subcontractor. North Bay submitted a bid which indicated 83 percent of the work would be done by subcontractors. The second lowest bidder, Valley Crest Landscape, Inc., objected that North Bay’s bid was nonresponsive. When the City called this point to North Bay’s attention, North Bay responded the percentages were not correct and submitted new percentages totaling 44.65 percent. The City then awarded the contract to North Bay over the objection of Valley Crest.

Valley Crest appeals from denial of its petition for a writ of mandate to set aside the contract awarded to North Bay. Valley Crest contends the revisions to North Bay’s bid violate the Subletting and Subcontracting Fair Practices Act (Pub. Contract Code, § 4100 et seq.). It further contends that by claiming error in its bid, North Bay was precluded from participating further in the bidding process. We conclude North Bay could not change its bid, the City…