Q: Can I sue Caltrans as a subcontractor who submitted a bid to General Contractors who provided bids to Caltrans

I am a specialty subcontractor certified as a Disadvantaged Business Enterprise based on my Hispanic heritage and that my personal net worth is less than 1.32 million. Caltrans and other agencies are not correctly holding the General Contractors to the Good Faith Efforts rules of 49 CFR Part 26 and are therefore causing me financial damages, violating my civil rights, and causing other damages. Looking for help to sue government agencies as a subcontractor ie not a direct party to the contract.

2 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
  • Las Vegas, NV
  • Licensed in California

A: Yes you may have a case. There are attorneys who are expert in government contracts.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Civil Rights Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, as a subcontractor and certified Disadvantaged Business Enterprise, you have rights and can potentially take legal action if you believe that Caltrans or other agencies have failed to enforce the Good Faith Efforts rules as outlined in 49 CFR Part 26. These rules are designed to ensure fair treatment and equal opportunities for subcontractors like you. If you feel these regulations are not being followed, resulting in financial damage or a violation of your civil rights, seeking legal recourse could be an option.

Before moving forward with a lawsuit, it's important to gather all relevant documentation, including your bid submissions, communications with general contractors, and any evidence showing a lack of enforcement of the Good Faith Efforts rules. Documentation will be crucial in building your case. You should also consider reaching out to legal counsel experienced in government contracts and civil rights law for guidance. They can provide a detailed assessment of your case, help you understand your legal options, and outline the potential risks and benefits of litigation.

It's also beneficial to communicate with other subcontractors who may be facing similar issues, as this could strengthen your case and provide additional evidence of systemic problems. Remember, legal actions against government entities can be complex and time-consuming, so it's crucial to prepare thoroughly and ensure you have strong legal support. While pursuing legal action, continue to bid on other contracts to mitigate financial damages as much as possible.

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