Underground Utilities v. San DiegoCounty
Appellant appeals from an order denying its petition for a writ of administrative mandate challenging a decision of respondent County of San Diego (County). UUI submitted a bid to Sundt Construction, Inc. (Sundt) for work relating to underground utilities for a County nursing facility project, and thereafter refused to sign Sundt's subcontract that UUI claimed substantially differed from agreed-upon bid conditions. After Sundt requested that UUI be substituted out of the project, UUI sought an administrative hearing resulting in County's decision to grant Sundt's request for substitution, and thereafter unsuccessfully petitioned for a writ of mandate. On appeal, UUI contends the County hearing officer ignored facts and misapplied the applicable provisions of the Subletting and Subcontracting Fair Practices Act (Pub. Contract Code, S 4100 et seq.), the hearing officer's decision was not supported by his findings, and his findings were not supported by the evidence. UUI argues the superior court made similar legal and factual errors in denying his writ petition.
Court conclude the hearing officer's finding as to UUI's refusal to execute a " written contract . . . based upon the general terms, conditions, plans, and specifications for the project involved or the terms of that subcontractor's written bid . . . " (S 4107, subd. (a)(1)), justifying Sundt's request for substitution, is supported by substantial evidence. Court further conclude the hearing officer's interpretation of UUI's bid condition No. 3 is reasonable and supported by substantial evidence. Court affirm the order.
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