Blogs & Resources

When a debtor files a bankruptcy action, creditors may or may not have the opportunity to file a proof of claim evidencing the amount owed to the creditor on the date the bankruptcy action was filed. The court sets a deadline for filing the proof of claim, to which all creditors must strictly adhere. But what if a creditor misses the deadline? Is all hope lost, or is there a mechanism to still get the claim in and receive a portion of any distribution? Well, whether an untimely claim is valid or not really turns on notice.

For construction entities participating in the competitive bidding process, it is very important to be able to timely issue spot impermissible arbitrary contract awards or improper solicitations based on flawed specifications that merit immediate protest. The fundamental analysis can be boiled down to simple questions, such as:

• Were the bid specifications reasonably specific?
• Was the winner responsive and responsible?
• Was there fraud or misconduct in the bidding process?
• Has the winning bidder been given an unfair economic advantage that merits reconsideration?
• Does the action prevent the public entity from making an equal comparison of responses to the bidding solicitation?
• Has there been substantial compliance with the bidding procedures?
• Did the agency act arbitrary?

Beyond those questions, this Blog post seeks to identify the Top 10 most common grounds in which Florida procedural or substantive bid protests are based upon.

James Birr were both featured in the fall publication of the University of North Florida Journal.