- When the city of Girard, Ohio, bypassed Prime Contractors Inc. as the low bidder for a construction project because of some procedural failings in his bid and went to the No. 2 bidder, Gennaro Pavers, Prime sued.
- A court agreed with the city, but Prime appealed, claiming the city and Gennaro had not wrapped up a contract in a required 60 days and the whole thing should start over.
- When the appellate court ruled, the decision was that as long as neither Gennaro nor the city said time was up, there was implied consent to an extension – even without a formal request or agreement – and the deal stood.
From the article:
As a construction attorney, I have been on both the sending side and receiving side of a request for a time extension. Whether the deadline involves discovery responses, a witness interview or a trial brief, most requests are granted. In the construction world of competitive bidding, however, the request for an extension is not so clear. ...