The attorney representing a Wichita general contractor whose appeal to rebid the $100 million airport terminal construction contract was denied said Friday his client will not legally pursue the issue further.
Wyatt Hoch of Foulston Siefkin said Dondlinger & Sons Construction Co. is “not going to pursue litigation.”
“They made a business decision and not a legal decision to just not pursue it any further,” Hoch said. “They are very disappointed in the outcome and the process that the airport authority used, but have decided that litigation would not be productive.”
On July 17, the Wichita City Council, acting as the Wichita Airport Authority, voted 5-2 not to rebid the contract for a new terminal at Mid-Continent Airport. The decision came after Dondlinger and Indianapolis-based Hunt Construction Group, which had the lowest bid, appealed a decision by the city to award the contract instead to the second-lowest bidder, Wichita’s Key Construction and Michigan-based Wallbridge, whose bid was $2 million more than Dondlinger/Hunt’s bid of $99.4 million.
City officials had ruled that the Dondlinger team did not make a good-faith effort to land enough disadvantaged business subcontractors for the project, though Dondlinger disputed that.