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California Public Contract Code Section 5101

Legal Research Home > California Lawyer > Public Contract Code > California Public Contract Code Section 5101

(a) A bidder shall not be relieved of the bid unless by
consent of the awarding authority nor shall any change be made in the
bid because of mistake, but the bidder may bring an action against
the public entity in a court of competent jurisdiction in the county
in which the bids were opened for the recovery of the amount
forfeited, without interest or costs.  If the plaintiff fails to
recover judgment, the plaintiff shall pay all costs incurred by the
public entity in the suit, including a reasonable attorney's fee to
be fixed by the court.
   (b) If an awarding authority for the state consents to relieve a
bidder of a bid because of mistake, the authority shall prepare a
report in writing to document the facts establishing the existence of
each element required by Section 5103.  The report shall be
available for inspection as a public record.  In the case of the
University of California or a California State University, the report
shall be filed with the regents and the trustees, respectively, and
shall be available as a public record.

Last modified: January 12, 2009