Jun 22, 2022

Court of Appeals’ Decision Warns Disappointed Bidders to Act Fast or Lose Opportunity for Relief

Written by Emily A. Yoshiwara


This article is excerpted from the Spring 2022 issue of Construction Law, the newsletter of the WSBA Construction Law Section. Read the full article on WSBA.org

Co-Written By Emily Yoshiwara – Groff Murphy PLLC and Evan Brown – Stoel Rives LLP

In PELLCO Construction, Inc. v. Cornerstone General Contractors, Inc., 19 Wn. App. 2d 1024 (2021), 2021 WL 4523088 (unpublished), review dismissed, 199 Wn.2d 1002, 504 P.3d 825 (2022), the Washington Court of Appeals, Division I, addressed several important issues relating to whether and when the Washington appellate courts will consider a moot bid protest appeal on public interest grounds. The clear takeaway is that even where a bid protest presents novel issues of statutory interpretation, the courts are unlikely to consider an otherwise moot appeal…