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The lawsuit challenges the selection of the contractor for the new Birmingham amphitheater

BIRMINGHAM, Ala. (WBMA) – Just two weeks after we announced who would be building Birmingham’s new amphitheatera lawsuit was filed against the authority responsible for selecting the contractor.

According to court documents obtained by ABC 33/40 News, the Black Contractors Association is suing the Birmingham Civic Center Authority (BJCC), asking for a jury trial.

In the middle of May, the BJCC announced Stone Building, LLC. has been selected to build the $46.1 million facility, saying they submitted the lowest bid.

The lawsuit against the BJCC seeks a temporary restraining order and a permanent injunction to build the amphitheater until those filing the suit say the council is in full compliance with a city resolution that ensures historically underutilized businesses (HUBs) are included in projects like this. According to the lawsuit, the resolution ensures that construction contractors who fall under the HUB classification are part of Birmingham’s economic and community revitalization programs, adding that the BJCC hopes for a 30 percent participation in the planning and construction of the amphitheater. The Black Contractors Association, which filed the lawsuit, is comprised solely of business owners who identify as African American and/or HUB. The Black Contractors Association claims the Birmingham Construction Industry Authority failed to host what they say is a mandatory meeting of HUB contractors before soliciting construction bids.

Black Contractors Association Lists Goudy Construction, Inc., a Bessemer contractor, as the plaintiff in the lawsuit. The lawsuit classifies Goudy Construction, Inc. as HUB, along with Patricia Sigers, a general contractor. They say both were harmed by the BJCC’s “failures, omissions and actions” when they allegedly violated the city’s resolution surrounding the HUBs.

A hearing has been set for June 5 at 1:30 p.m

ABC 33/40 News has requested a response to the lawsuit from the BJCC. We’ll update this story when we get it.

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