We have a long history of representing parties in public bidding disputes. We have handled numerous bid law cases for general contractors against state and local public entities all over Louisiana seeking injunctive relief, mandamus, or damages as well as attorney’s fees. The public bid law is a prohibitory law founded upon public policy. Contracts entered into in violation of the public bid law are absolute nullities, La. R.S. 38:2220; La. R.S. 48:258; La. C.C. art. 2030; La. C.C. art. 2033; Boxwell v. Dep’t of Highways, 203 La. 760, 14 So.2d 627 (1943). Attorney’s fees are due when a court declares that a public entity has violated the public bid law. See La. R.S. 38:2220.4; Gibson & Associates, Inc. v. State, Department of Transportation and Development, 2013-CA-2069 (La.App. 1 Cir. 9/24/14), 155 So.3d 39.

Louisiana Revised Statute 9:2220.4 provides in pertinent part:

A. The court shall enter an order declaring whether a violation of R.S. 38:2211 et seq. has occurred. The declaration shall have the force and effect of a final judgment or decree.

B.(1) The court shall also award to the principal plaintiff as determined by the court, if successful in his action, reasonable attorney fees. The court shall also award to any prevailing defendant costs and reasonable attorney fees. However, if the court finds fraud on behalf of a defendant, the award to the plaintiff shall be twice the amount of reasonable attorney fees.

Louisiana public policies also prohibit selection of designers, engineers, and contractors by bidding in which price or price -related information is a factor unless the project is let as an authorized design-build project. La. R.S. 38:2318.1; see also La. R.S. 48:250.2; La. R.S. 48:250.3 on design-build by La. DOTD.