ARTBA urged a federal appeals court June 20 to overturn a lower court’s dismissal of a complaint brought by an Illinois-based construction firm in the case of Dunnet Bay v. Hannig. The firm, Dunnet Bay Construction Co., originally alleged the Illinois Department of Transportation (IDOT) misapplied federal disadvantaged business enterprise (DBE) program regulations in awarding a bid for a large transportation construction project to another company. ARTBA warned the lower court’s refusal to hear Dunnet Bay’s complaint sets a dangerous precedent which could deny construction firms nationwide the chance to challenge applications of the DBE program they see as unjust. The association also argued the manner in which IDOT applied DBE rules to Dunnet Bay effectively transformed the program into an unconstitutional, quota-based system would be impossible for construction firms to satisfy. There is no set timetable for oral arguments in the case, but ARTBA hopes to have a decision by the end of the year. ARTBA’s affiliate, the Illinois Road & Transportation Builders Association (IRTBA), has played a leading role in raising industry awareness of this litigation. ARTBA also thanks several other chapters which provided financial support for the amicus brief. Read ARTBA’s brief.
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