Legal Question in Construction Law in California
When there a mandatory job walk for construction and someone signs in for two different companies, can they be disqualified? In short, is is legal for one person to represent two prime companies on a mandatory job walk, when they are in the same trade and will be competing with each other?
1 Answer from Attorneys
That depends on the details of the situation and the relationship between the person attending and each of the two companies. For example, you assume they will be competing against each other, but they may plan to bid as a JV, for example. If the person attending is employed by one company and the two are, in fact, really competing, then why did he or she sign in for the other company? Is it to allow the non-attending company to evade the requirement? Why would a competitor help them out like that? Are they friendly competitors and one is just helping the other out? That would open the non-attending company up to a bid protest, but they might survive it if they can prove the person attending shared with them all relevant information. So unless the bid documents specifically require attendance by an employee of each company, it would depend on the details whether the company that did not have an employee in attendance is subject to disqualification and whether the company employing the person who did attend would be subject to disqualification for collusion in evading the requirement.