HF 444

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to municipal contracts; permitting the 
  1.3             awarding of attorney fees in certain cases; amending 
  1.4             Minnesota Statutes 2002, section 471.345, subdivision 
  1.5             14. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 471.345, 
  1.8   subdivision 14, is amended to read: 
  1.9      Subd. 14.  [DAMAGE AWARDS.] In any action brought 
  1.10  challenging the validity of a municipal contract under this 
  1.11  section, the court shall not award, damages as any part of its 
  1.12  judgment, damages, or attorney's fees, but may award an 
  1.13  unsuccessful bidder the costs of preparing an unsuccessful bid.  
  1.14  If the court finds that the municipality has engaged in unlawful 
  1.15  bidding practices and invalidates the award of the bid, the 
  1.16  court may award reasonable attorney fees and costs to the 
  1.17  protester.  If the court finds that the municipality did not 
  1.18  violate the law, and the award is not invalidated, the court may 
  1.19  award reasonable attorney fees and costs to the municipality if 
  1.20  the court makes the further finding that the protest was filed 
  1.21  without substantial basis in fact or law.