UPDATE: Kansas-based contractor HME has dismissed all of its claims and ended its lawsuit against the University of Oklahoma, general contractor Flintco, and W&W Steel, according to the Oklahoma Daily. It has not yet been revealed why HME dismissed the claims, but, according to the Norman Transcript, "the prevailing theory is that the case was settled."
The dropped lawsuit now permits construction to continue as planned. University officials have said they hope renovation of the football stadium will be completed in time for the 2016 season. "The bottom line is that H.M.E. dismissed the case and the order is lifted," Judge Thad Balkman said. "It’s been a good week for OU. They’re third in the college football poll and it looks like the stadium construction will continue."
Dive Brief:
- The Oklahoma Supreme Court granted a stay on Nov. 2 in the enforcement of a temporary injunction that would have stopped construction on the expansion of the University of Oklahoma’s Gaylord Family — Oklahoma Memorial Stadium. The decision allows construction work to continue despite a contractor lawsuit claiming another contractor was wrongfully awarded part of the project.
- Kansas-based steel contractor HME is suing the OU Board of Regents, general contractor Flintco and the second-lowest bidder who won the award, W&W Steel, claiming it was the lowest responsible bidder, not W&W Steel.
- A Cleveland County district judge agreed with HME and issued the temporary injunction during the prior week, but the Supreme Court ruling allowed construction to continue until the appeals process is completed.
Dive Insight:
HME claimed the university and Flintco manipulated the bidding process so that W&W Steel, which has experience with stadium projects, would qualify for award of the almost $12 million contract.
HME also alleged that the university and Flintco removed a portion of the project’s scope of work after all the bids were in and recalculated them so that W&W Steel’s number qualified for an award. Then, HME claimed, the university and Flintco added the scope of work back into W&W’s contract.
OU attorneys said the university has discretion in the bidding process and chose an experienced firm. They also said the university would suffer irreversible harm if the stadium expansion project is not complete for the start of the 2016 football season.
