The Ohio Supreme Court recently ruled in Meccon, Inc v Univ of Akron (Slip Opinion No 2010-Ohio-3297) that a rejected bidder on a public improvement project under certain circumstances may recover reasonable bid-preparation costs as damages. The plaintiff contractor alleged that the University of Akron violated state competitive bidding laws in rejecting its bid. The contractor filed an action in the court of claims seeking to enjoin the awarding of the contract to another bidder, but its motion was rejected. On appeal, the Court, in a 6-0 ruling, held that a bidder could recover the bid-preparation costs if: (i) the public authority violated state competitive-bidding laws in awarding the contract; (ii) the bidder promptly sought, but was denied, injunctive relief; and (iii) the bidder’s bid was wrongfully rejected and injunctive relief is no longer available. The Court distinguished and reaffirmed its 2006 decision in Cementech, Inc. v. Fairlawn in which the Court ruled that a wrongfully rejected bidder could not recover lost profits as damages under any circumstances.