A subcontractor sued a municipality after being required to remove and replace unapproved streetlight poles installed on a municipal highway project.
The court held there was no contract between the municipality and the subcontractor, no duty of good faith or honest performance owed by the municipality, and no basis to recognize a new duty of care in tort in the tendering context.
Applying the unlawful means tort framework, the court found the municipality merely insisted that its general contractor comply with the tender specifications and did not use unlawful means or intend to cause economic harm.
The action was dismissed, and the court further found the alleged damages were unsupported by reliable evidence.
