Local News

Court: Some DOT minority contractor rules invalid

Posted July 22, 2010

— A federal appeals court on Thursday struck down part of a North Carolina law designed to ensure minority contractors get a fair share of state highway construction projects.

The state Department of Transportation has for years encouraged contractors to make a good faith effort to employ subcontractors owned by women or minorities, and in 2002, the agency rejected a bid on an Iredell County project by determining that the contractor hadn't made enough of an attempt to find minority-owned subcontractors on the project.

The contractor, H.B. Rowe Co. Inc., sued, claiming the DOT's goals for participation by female and minority subcontractors was unconstitutional.

The U.S. 4th Circuit Court of Appeals ruled that the state had enough evidence of discrimination against black- and Native American-owned subcontractors to support the goals, but there wasn't enough evidence for the DOT to use participation goals for subcontractors owned by women, Hispanics or Asians.

7 Comments

This story is closed for comments. Comments on WRAL.com news stories are accepted and moderated between the hours of 8 a.m. and 8 p.m. Monday through Friday.

Oldest First
View all
  • pbjbeach Jul 22, 7:15 p.m.

    the whole thing in a nut shell for those people out there need to have it dumbed down to them is that contractors are being allowed to pilliage the states coffers just as if the huns an then viking where pillaging them thank you

  • pbjbeach Jul 22, 7:13 p.m.

    minority or whatever they all need to be held to the states standards an for they to have to abide by the rules an the states speceficiations for roads an bridges an for these standards speceficiations to once again have some teeth put in to them to the point that contractors arent being allowed to get paid twice for non-speceficiaition work that is done on state highway projects across this state an they taxpayers are being force by the ncdot's mangers an mangament ( exective an upper mangamennt alike) to let contracting firms get away with the completion of highways after knowingly have signed off on the bad non-speceficiaition work thus allowing for contractors to have ground for the fileing of additional claims against the state an the taxpayers which then entiles these sorry contractors to be able to file additional claims an to actually get paid for these bad claims resulting in the states taxpayers having to bite the perverbal bullett allow these contractors that have done no

  • oleguy Jul 22, 5:48 p.m.

    Me Also, WHAT? Rowe bids on a lot of large jobs, Small contractors usually dont have the equipment to do the work, and they aint dumb enough to bid on work they cant do or have the equipment. The larger CO's leave the smaller jobs. It works! might not meet someones aff. action quota.
    Our Gov. is getting too big and stupid,, it needs to be cut down to size,,Re elect no one

  • dta27615 Jul 22, 4:48 p.m.

    Affirmative Action: it looks good on paper and sounds good to a politician... but it ends up being problematic in practice.

  • gingerlynn Jul 22, 4:47 p.m.

    I thought we were supposed to go with the lowest bid!

  • bottleworks Jul 22, 4:39 p.m.

    Dumb it down for me doc. What's the bottom line?

  • u stand corrected Jul 22, 4:38 p.m.

    Here we go again..............