Susan Duchaine, owner of DDI Construction, has filed a suit in Cumberland County Superior Court against the town of Windham, claiming that the town violated its bidding laws and the bidding laws of the Maine Department of Transportation by failing to award a bid on a road construction project to the lowest bidder – her construction company.

The project in question is the realighnment of Angler’s Road at Route 302, which would align Anglers Road and Whites Bridge Road.

The town planned to award the contract to another Gorham construction company, R.J. Grondin, which bid $842,980, but has agreed to hold off awarding the contract, according to newly appointed town lawyer Stephen Langsdorf of the Portland law firm Preti Flaherty.

DDI Construction’s bid was $833,872.

Duchaine has filed a temporary restraining order and an injunction to keep the town from awarding the contract to R.J. Grondin, the second lowest bidder and the town’s choice for the project. If the motions are approved by the court, the town will not be able to award the contract to R. J. Grondin immediately, Langsdorf said.

Ultimately, Duchaine said, she wants the court to force the town to award the project to the lowest bidder.

Duchaine’s attorney, Robert Ruesch, of Portland-based law firm Verrill Dana, said the town violated its own bidding procedures when it did not award the bid to DDI.  He said the town’s actions show “a preference on the part of the town for the second lowest bidder.”

As well, because the town is using Maine Department of Transportation money to fund the Angler’s Road project, Ruesch said, the town agreed to “incorporate and refer to Maine Department of Transportation specifications, which include a number of technical things related to road construction, as well as requirements for competitive bidding.”

However, Langsdorf said, the laws that apply to the town for the project are only in regard to the work on the roads, and have “nothing to do with bid procedures.”

Langsdorf said according to the town’s documents and policies, the town has the “right to evaluate and choose” among bids.

Windham’s attorney said the idea that the town violated bidding procedures is “not true at all.” The town charter, as well as the town purchasing policy, adopted by the council in 2009, states that the selection of bids “can be determined not just on the basis of low price but on a variety of other factors,” he said.

The town is preparing a written response to DDI’s suit, Langsdorf said. He expects the court will act quickly in scheduling a hearing for the case.