1(1) 2Any person engaged in the construction industry, as provided in s. 13440.02, 14who loses a competitive bid for a contract shall have a cause of action for damages against the person awarded the contract for which the bid was made, if the person making the losing bid establishes that the winning bidder knew or should have known that he or she was in violation of s. 68440.10, 69s. 70440.105, 71or s. 73440.3874while performing the work under the contract.
81(2) 82To recover in an action brought under this section, a party must establish a violation of s. 99440.10, 100s. 101440.105, 102or s. 104440.38105by a preponderance of the evidence.
111(3) 112Upon establishing that the winning bidder knew or should have known of the violation, the person shall recover as liquidated damages 30 percent of the total amount bid on the contract by the person bringing the action, or $15,000, whichever is greater.
155(4) 156In any action under this section, the prevailing party is entitled to an award of reasonable attorney’s fees.
174(5) 175An action under this section must be commenced within 2 years after the performance of activities involving any building, clearing, filling, or execution contract, or the substantial improvement in the size or use of any structure, or the appearance of any land.
217(6) 218A person may not recover any amounts under this section if the defendant in the action establishes by a preponderance of the evidence that the plaintiff:
244(a) 245Was in violation of s. 250440.10, 251s. 252440.105, 253or s. 255440.38256at the time of making the bid on the contract; or
267(b) 268Was in violation of s. 273440.10, 274s. 275440.105, 276or s. 278440.38279with respect to any contract performed by the plaintiff within 1 year before making the bid on the contract.
298(7)(a) 299Any person who loses a competitive bid may petition the court to join in a suit brought under this section by another person against the winning bidder on the same contract and shall be joined in such suit. If more than one person is joined against the winning bidder and such persons prevail in the suit, the court must enter judgment dividing damages recoverable under this section between the parties equally.
370(b) 371Any person who receives notice of a suit filed under this section and fails, within 20 days after receipt of such notice, to petition the court to join as a party to the suit is barred from bringing a cause of action under this section against the winning bidder on the contract at issue. For purposes of this subsection, publication in accordance with s. 43549.10436constitutes sufficient notice.
