Legal Question in Business Law in California

unfair competition

can a city offical instruct a private contractor that they must use one product over another, without giving valid reasons.


Asked on 9/01/02, 5:33 pm

2 Answers from Attorneys

JEB Pickett Wynne Law Firm

Re: unfair competition

First, it is unclear from your question whether this concerns a project for the city or a private project. If it is for the city, what was stated in the contract for the project? The contract for the project can properly demand use of a particular product and the contractor will be required to use that product. If the "city official" is demanding use of a particular product after the time of the contract, and the contract is silent on product usage, the contractor can use any product, provided that such products are not sub-standard.

If you are talking about a private project and the city official is an inspector, there must be a valid reason for use of that product, again provided that the other products are not sub-standard. Alternatively, the city code would have to state acceptable products. On the other hand, if the use of the product demanded by the official is not significant, you have to decide if it is worth it to you to get into this argument?

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Answered on 9/01/02, 6:11 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: unfair competition

There is another issue, too; whether that particular city official has the authority to speak for the city on that particular matter, or whether the official is 'out of line' and not expressing an official position of the council, manager or department having responsibility for specifying branded material.

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Answered on 9/04/02, 8:56 pm


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