7th Circuit: No TRO to Prevent Contract Termination on Due Process Grounds
Once in a while, a disappointed bidder seeking to contract with a state or local government agency -- or in this case the actual contractor who received the award but then wanted to enjoin the local government from terminating the contract -- goes to federal court in search of a TRO. The normal theory is that the contractor has been deprived of its due process rights under the 14th Amendment. And the contractor ordinarily loses.
This 7th Circuit case is no exception. But given that (1) it arises out of a bitter Chicago contract dispute and (2) the facts and law are whipped up in a colorful Posner-ian souffle, it is worth a look. And you will learn something about how the 14th Amendment applies to state and local construction contract and bid processes. Who says construction law isn't sexy???
The only Washington case to have examined similar issues is Quinn Construction v. Fire Protection District, 111 Wn. App. 19 (2002).