Tuesday, February 21, 2017

Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc.

For purposes of the tort of intentional interference with prospective economic advantage, the requirement that the plaintiff establish the existence of an economic relationship with a third party that contains the probability of future economic benefit to the plaintiff was not met where the plaintiff was a bidder for a public works contract and the third party was the public entity soliciting bids. Under rules unique to public works contracts--where the public entities retained broad discretion to reject all bids, bids were sealed, there were no postsubmission negotiations, and the public entities could give no preference to any bidder based on past dealings and were required to accept the lowest responsible bid--plaintiffs had at most a hope for a future benefit, not a probability of one.

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