A Jamestown-based contractor has sued the city of Dunkirk and its Department of Public Works Director Randy Woodbury over a declaration that the company was a non-responsible bidder on a demolition project.

H.H. Rauh Contracting filed the lawsuit in New York State Supreme Court Aug. 22.

The suit states that the city solicited bids on Feb. 20 to demolish a Park Avenue structure. H.H. Rauh claims it submitted the lowest bid for the project on March 11.

The city subsequently sought bids for a Columbus Avenue demo project, and H.H. Rauh was the only bidder, the lawsuit continues. However, the city refused to accept the proposal and opened a second bidding process. H.H. Rauh tried again, this time garnering competition, but allegedly offering the lowest bid.

The lawsuit goes on that City Attorney Elliot Raimondo informed H.H. Rauh April 30 that it was not awarded either of the demolition contracts because the city had determined the company was a “non-responsible bidder.” Seeking clarification, H.H. Rauh was told only that “the city… has concerns regarding the quality of your company’s work.”

In May, the contractor sent a Freedom of Information Law request (FOIL) to the city demanding all documents related to the decision. The city acknowledged the request but didn’t offer any documents. It eventually denied the request.

H.H. Rauh appealed the decision to deny the documents on June 20, but the city never acknowledged the appeal, the lawsuit continues.

H.H. Rauh wants the non-responsible bidder declaration reversed as a result of the lawsuit. The contractor also asks the city to provide the previously requested records. It also seeks the payment of attorney fees and “other and further relief as the court may determine is just and proper,” which are items normally called for in lawsuits.

The OBSERVER offered the city an opportunity to comment on the case, through Woodbury. Neither the DPW chief, nor anyone else from the city government, had responded as of Friday morning.