EDITOR'S NOTES | Issue 6-34
publication date: Sep 1, 2008
In the business world, second chances are rare, though not impossible. In the legal world, however, second chances are more common thanks to a lively appellate system. For example, during a jury trial, a contractor tried to present information that a wrongful claim against its performance bond impaired its ability to pursue additional public work resulting in lost anticipated profits. The court disallowed the argument, but the contractor successfully appealed the decision, garnering a second opportunity to make its case.
In another case, a losing bidder on a public contract may have a second chance to win the contract. The source selection authority used personally procured information to influence her decision when awarding a public facilities management contract. The contractor waged a successful protest against the agency.
Second chances were not possible for another contractor. The contractor finished its project late and unsuccessfully argued for defense coverage from its insurer for a breach of contract suit brought by the owner.
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