{
  "id": 1891401,
  "name": "Timothy C. KLINGER, d/b/a Historic Preservation Associates v. CITY OF FAYETTEVILLE, Arkansas, A Municipal Corporation",
  "name_abbreviation": "Klinger v. City of Fayetteville",
  "decision_date": "1988-12-19",
  "docket_number": "88-211",
  "first_page": "385",
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    {
      "cite": "Ark. Code Ann. \u00a7 14-47-138",
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    {
      "cite": "293 Ark. 128",
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  "last_updated": "2023-07-14T17:24:39.933112+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
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  "casebody": {
    "judges": [],
    "parties": [
      "Timothy C. KLINGER, d/b/a Historic Preservation Associates v. CITY OF FAYETTEVILLE, Arkansas, A Municipal Corporation"
    ],
    "opinions": [
      {
        "text": "David Newbern, Justice.\nThis is an appeal of the dismissal of a complaint which sought damages because the appellee, City of Fayetteville, wrongfully let a contract to do archeological work without taking bids. We affirm the trial court\u2019s determination that the complaint of the appellant, Timothy Klinger, did not state facts sufficient to state a claim upon which relief could be granted. Ark. R. Civ. P. 12(b)(6).\nThe background for this case can be found in Klinger v. City of Fayetteville, 293 Ark. 128, 732 S.W.2d 859 (1987), where we held that the city was bound by Ark. Code Ann. \u00a7 14-47-138 (1987), formerly part of Ark. Stat. Ann. \u00a7 19-716(a) (Repl. 1980), to seek competitive bids for professional services. Upon remand, the chancellor granted to Klinger the declaratory judgment and injunction he had sought in that case.\nKlinger then filed a complaint seeking damages in the amount of 1.44 per cent of the \u201coverhead\u201d which had apparently been guaranteed to the party who performed the contract plus 15 per cent of the \u201ctotal project costs as profit.\u201d The chancellor granted the city\u2019s motion to dismiss the complaint and gave Klinger ten days to plead over. Klinger then amended his complaint, but his allegations remained substantially the same. The complaint was again dismissed.\nIn his letter ruling dismissing the first damages complaint the chancellor noted that Klinger\u2019s \u201csituation excites sympathy,\u201d however, the chancellor was unable to find any Arkansas authority supporting Klinger\u2019s claim. Cases from other states were also found to be negative.\nWe find the general rule to be that statutes requiring competitive bidding for government contracts are enacted for the benefit of the taxpayers rather than for the benefit of those who would sell goods or services to governmental entities, Gulf Oil Corp.v. Clark County, Nevada, 575 P.2d 1332 (Nev. 1978); City of Scottsdale v. Deem, 27 Ariz. App. 480, 556 P.2d 328 (1976). Although violation of a competitive bidding statute may create a right to an equitable remedy or mandamus, it does not give rise to a claim for damages. Sutter Bros. Const. Co., Inc. v. City of Leavenworth, 238 Kan. 85, 708 P.2d 190 (1985). See 10 E. McQuillan, Municipal Corporations, \u00a7 29.86 (R. Eickhoff and M. Meier, 3d ed. 1981).\nWe have found no case in which it was held that a governmental body\u2019s violation of a statutory bidding requirement gave rise to an action for damages by a would-be contractor. The closest we have come is Swinerton & Walberg Co. v. Inglewood-Los Angeles County Civic Center Authority, 40 Cal. App. 3d 98, 114 Cal. Rptr. 834 (1974), in which it was held that a cause of action in promissory estoppel was stated by a disappointed bidder who claimed he had submitted the lowest bid. The recovery in that case would have been limited to expenditures made in preparation for bidding in reliance upon the promise. Here we had no promise to let the contract to the lowest bidder, so promissory estoppel is not available to Klinger as a basis of relief. Cf., Premier Electrical Const. Co. v. Bd. of Education of the City of Chicago, 70 Ill. App. 3d 866, 388 N.E.2d 1088 (1979).\nIn support of his argument for reversal, Klinger cites only Ark. Const, art. 2, \u00a7 13, and Baker v. Armstrong, 271 Ark. 878, 611 S.W.2d 743 (1981), for the proposition that for every legal wrong there is a remedy. While we have some of the same sympathy to which the chancellor referred, the point demonstrated by all the authority we have found is that a person in Klinger\u2019s position has suffered no legal wrong where a governmental body fails to follow a statutory competitive bidding requirement.\nAffirmed.",
        "type": "majority",
        "author": "David Newbern, Justice."
      }
    ],
    "attorneys": [
      "Jones & Hixson, by: Lewis D. Jones, for appellant.",
      "James N. McCord, City Att\u2019y, for appellee."
    ],
    "corrections": "",
    "head_matter": "Timothy C. KLINGER, d/b/a Historic Preservation Associates v. CITY OF FAYETTEVILLE, Arkansas, A Municipal Corporation\n88-211\n762 S.W.2d 388\nSupreme Court of Arkansas\nOpinion delivered December 19, 1988\nJones & Hixson, by: Lewis D. Jones, for appellant.\nJames N. McCord, City Att\u2019y, for appellee."
  },
  "file_name": "0385-01",
  "first_page_order": 421,
  "last_page_order": 423
}