SF 414

1st Engrossment - 83rd Legislature (2003 - 2004)

Posted on 12/15/2009 12:00 a.m.

  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 award of the bid is invalidated by the court as a result 
  1.15  of fraud, collusion, or intentional violation of the law by the 
  1.16  municipality, the court may award reasonable attorney fees to an 
  1.17  unsuccessful bidder.  The court may award reasonable attorney 
  1.18  fees to the municipality if the court rules that the action 
  1.19  brought is in bad faith and frivolous.