Doyle Plumbing & Heating Co. v. Board of Education
State: Illinois
Court: 4th District Appellate
Docket No: 4-97-0198
Case Date: 07/30/1997
NOS. 4-97-0198, 4-97-0274 cons.
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
DOYLE PLUMBING & HEATING COMPANY, a ) Appeal from
Delaware Corporation, ) Circuit Court of
Plaintiff-Appellee, ) Adams County
v. (No. 4-97-0198) ) No. 97CH13
THE BOARD OF EDUCATION, QUINCY PUBLIC )
SCHOOL DISTRICT NO. 172, )
Defendant-Appellant, )
and )
E.A. WAND PLUMBING & HEATING COMPANY, )
Defendant. )
----------------------------------------)
DOYLE PLUMBING & HEATING COMPANY, )
Plaintiff-Appellee, )
v. (No. 4-97-0274) )
THE BOARD OF EDUCATION, QUINCY PUBLIC )
SCHOOL DISTRICT NO. 172, )
Defendant, )
and ) Honorable
E.A. WAND PLUMBING & HEATING COMPANY, ) Mark A. Schuering,
Defendant-Appellant. ) Judge Presiding.
_________________________________________________________________
JUSTICE GARMAN delivered the opinion of the court:
Doyle Plumbing and Heating Company (Doyle), based in
Jacksonville, Illinois, submitted the lowest bid on a boiler
replacement project for the Board of Education, Quincy Public
School District No. 172 (Board), but was not awarded the
contract. Rather, the Board voted to award the contract to E.A.
Wand Plumbing & Heating Company (Wand), a corporation based in
Quincy, which bid $3,855 more than Doyle. Doyle sued Wand and
the Board, alleging a violation of section 10-20.21 of the School
Code (Code) (105 ILCS 5/10-20.21 (West 1994)), a competitive
bidding statute. The circuit court of Adams County held for
Doyle and ordered the Board to grant it the contract.The Board and Wand appeal. We affirm.
I. BACKGROUND
In the summer of 1996, the Board authorized a project
to replace the boilers in Quincy Junior High School. It hired
Architechnics, Inc., to design and coordinate the project. In
January 1997, Architechnics solicited bids in the Quincy Herald-
Whig (the local Quincy paper). Todd Moore, an engineer with
Architechnics, also contacted some firms by phone to inform them
of the project because he wanted to be sure to get more than one
bid on it. One of the contractors he contacted was Doyle. Doyle
bought the bid specifications, attended meetings in Quincy relat-
ing to the project, and decided to submit a bid, as did Wand and
three other firms.
In February, Architechnics opened and tabulated the
bids. Doyle's bid of $416,895 was the lowest, followed closely
by Wand's bid of $420,750. However, the building committee of
the Board recommended that the Board award the contract to Wand,
because of the travel time between Jacksonville and Quincy.
After he threatened litigation, Ed Doyle was allowed to
attend a special meeting of the Board on February 26. He was
allowed to make a presentation about Doyle and say why he felt it
was qualified to do the work, but was not allowed to discuss
technical aspects of the boilers; his request to have engineers
present at the meeting was denied. Ed testified Doyle had done
similar work, both installation and servicing, for a number of
other entities over a geographical area ranging from Maywood and
Melrose Park in the Chicago area to Paris, Illinois, and Terre
Haute, Indiana, in the east, to Pike County and Macomb in the
west and even into Missouri for commissioning services. He had
told the Board his response time was "well within industry stan-
dards" and service on the boilers was "so easily handled it means
nothing to take care of this job." He also noted that although
he "cannot put an 18,000[-]pound boiler in [his] truck," he could
and did take replacement scanners, programmers, pressure
controllers--"the life's breath of that system"--with him when he
made service calls. He felt Doyle had the ability to
successfully complete the project and service the boilers once
installed. He did tell the Board it could realistically take as
long as 2
Illinois Law
Illinois State Laws
Illinois Tax
Illinois Court
Illinois Labor Laws
> Minimum Wage in Illinois
Illinois Agencies