Contractor sues Green Bay over park project bid award

GREEN BAY, Wis. — A Fox Valley contractor is suing the city of Green Bay after it awarded a contract to another company to work on Leicht Memorial Park and alleged the city failed to comply with a state law requiring public contracts to be awarded to the lowest responsible bidder.

On Dec. 11, Neenah, Wisconsin-based Miron Construction filed a lawsuit alleging the city did not choose the lowest responsible bidder when it hired Hatley-based 8Pine Inc. to construct a new pavilion for more than $4.95 million.

Miron was among a handful of bidders seeking a contract to build a new pavilion and make site improvements at Leicht Memorial Park, which is on the west bank of the Fox River in downtown Green Bay. The improvements included grading, utility connections, landscaping, pedestrian pathways and site lighting.

Miron’s lawsuit alleges that 8Pine’s bid was incomplete and failed the city’s bidding requirements, and that Miron was the lowest responsible bidder, according to the complaint.

8Pine in a court filing denied its bid was unresponsive and said that Miron was not the lowest responsible bidder. The company asked for the case to be dismissed.

On Dec. 9, the Redevelopment Authority of the City of Green Bay approved hiring 8Pine on behalf of the city’s Department of Public Works. The city council was scheduled to vote on the contract the following week, but the award was not included on the amended agenda.

A spokesperson for the city of Green Bay declined to comment. They said it was against city policy to comment on litigation. 8Pine officials didn’t immediately respond to a request for comment.

Miron alleges 8Pine did not fully respond to the city’s bid

In November, the city gave public notice to contractors about the project’s scope of work with requirements for lump sum bids, according to the complaint. Contractors were told to submit their bids by early December.

The city mandated that bidders submit a bid bond and any addenda issued, the complaint showed. Throughout November and early December, the city issued four addenda to modify, explain or correct project plans. Bidders were required to sign each addendum with their proposal.

The third addendum clarified that bidders’ lump-sum bids would be required to account for site conditions such as unstable soil that could impact concrete foundations, the complaint showed.

“Requiring interested bidders to account for any site conditions in the lump sum bid provided the city more certainty that the project’s contract price would not increase later due to change orders necessitated by unforeseen site and soil conditions,” the plaintiffs wrote in the complaint.

Miron alleged that 8Pine’s lump sum bid left out a definite price for the work needed to ensure a stable concrete foundation due to soil conditions. The lawsuit alleges this “could be hundreds of thousands of dollars higher than Miron’s bid.”

The lawsuit alleges that the city was poised to hire 8Pine despite Miron’s objections.

Miron submitted an open records request to the city seeking copies of all bid materials from 8Pine and correspondence sent from the company to the city dating back to Nov. 3.

Miron wants the court to declare it as the lowest responsible bidder and void any contract between Green Bay, 8Pine and any other contractor. The company also wants the court to issue an injunction to block the city from taking any further contracting steps with 8Pine or any contractor other than Miron.

The injunction would also require all bids to receive “fair and equitable review, without favor to any bidder.”

A motion hearing has been scheduled for the Brown County Courthouse on Jan. 23, 2026.