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Appeals court hears dispute over reference letters and alleged interference in public-construction bidding

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Summary

An appellate panel heard competing accounts over whether architect Johnson Roberts gave improper, pretextual references that led municipalities to disqualify BC Construction from public projects; plaintiff says statements show ill will and caused economic harm, defendant says the references were relevant to owners evaluating responsible bidders.

The Appeals Court heard argument on March 18, 2025, in 24P627, BC Construction Company v. Johnson Roberts Associates, a dispute arising from architect reference letters used by municipalities in evaluating BC Construction’s bids for public projects.

Plaintiff BC Construction, through counsel Kevin Polanski, argued that written and oral criticisms by Johnson Roberts amounted to improper interference and defamatory statements that were motivated by ill will. Polanski told the panel the architect’s emails and subsequent letters characterized BC Construction as "one of the worst projects" and asserted that "many of these projects require litigation to complete," language his client says was materially false and caused owners to…

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