Lowest Bidder on Cleveland Stadium Repair Project Files Lawsuit to Prevent Winning Bidder from Getting the Job

Suburban Maintenance and Construction Inc. the low bidder on a contract for repairs at the Cleveland Browns Stadium, has filed a lawsuit in hopes of preventing a competitor from getting the job. Suburban accuses the City of Cleveland of violating state law, the Ohio Constitution, and the municipal charter by awarding Platform Cement the contract.

Mentor-based Platform Cement submitted the second lowest bid for the project, which was $5.6 million.

Suburban's $5.6 million bid was rejected, and the city said that the company failed to make a good-faith effort to hire subcontractors that would include local small businesses and companies owned by women and minorities. Suburban says that it wasn't credited for some subcontractors that fit those categories.

The contract was given to Platform Cement on February 22. The following day, Suburban filed a written objection. The lawsuit was filed on Friday in Cuyahoga County Common Pleas Court.

In the lawsuit, Surburban, a North Royalton-based company, says that none of the bidders met Cleveland's goals for giving work to small, female-owned and minority-owned businesses, and that their bid set aside $400,00 in work for qualified subcontractors. Suburban also said that the total topped more than $1.1 million, with the addition of a company that responded after the bid was submitted.

Leo M. Spellacy Jr., Suburban's attorney, said:

"In this day and age, you have to treat taxpayer money [as] sacred. To choose a path that's the more expensive path is not the way to go."

Judge John O'Donnell is scheduled to hear the objections on Thursday.

Five companies bid on the stadium project.