Building & Construction Trades Council of Northern Nevada v. State Ex Rel. Public Works Board

Rose, J., with whom Springer, J., joins,

concurring in part and dissenting in part:

I concur with the majority in its holding that the Public Works Board had a legal duty under NRS 341.145 to re-bid the project, but I do not agree that the Council’s petition was barred by the doctrine of laches.

The respondents were required to re-bid the job and inform all bidders that the project would be redesigned. Rather than do this, they privately negotiated with Weyher Brothers Company (Wey-her), executed a contract on January 14, 1991, with Weyher, and then notified the other bidders that Weyher had been awarded the construction project. The Council protested the respondents’ actions by telephone calls and letters. Because these protests were unsuccessful, a petition for a writ of mandamus was filed on February 11, 1991, seeking to force respondents to re-bid the project.

*613Strong circumstances must exist to sustain a defense of laches when the statute of limitations has not run, Lanigir v. Arden, 82 Nev. 28, 409 P.2d 891 (1966); and I do not find compelling facts to deny the Council its requested relief. The Council acted in approximately three weeks after receiving formal notification. This is not an unreasonable period of time, especially when we consider that the Council initially tried to get relief without court action.

Laches is an equitable doctrine, and a party who requests equity must do equity. Overhead Door Co. v. Overhead Door Corp., 103 Nev. 126, 127, 734 P.2d 1233, 1235 (1987). The respondents violated the law by not re-bidding the project. They then surreptitiously began negotiating with one bidder, but informed the others that the project would be re-bid. When the project contract was formally signed, Weyher was ready immediately to begin work. The situation where time was very critical was created by respondents. By their conduct, the respondents have shown that they are not entitled to equitable relief.

For the reasons stated, I would not have found that the Council’s petition was barred by laches. Because the building project has now been completed, giving the Council relief at this time is problematic; however, in light of the majority’s adjudication that the Public Works Board acted improperly in failing to abide by NRS 341.145, I would remand to the trial court to give the appellants the opportunity to assert any legal claims that they might have against the Board or the University of Nevada, as they were entitled to relief when this matter was heard by the district court.