FEDERALCourt of Appeals for the Tenth Circuit
2018

Dirty Boyz Sanitation Serv., Inc. v. City of Rawlins

889 F.3d 1189Court of Appeals for the Tenth Circuit • Decided 2018Enforced

HOLDING

Dirty Boyz Sanitation challenged a Wyoming city ordinance that required all garbage haulers to use the city's transfer station instead of choosing their own disposal sites. The court upheld the ordinance, ruling it didn't violate the Contract Clause or federal transportation law because the original garbage collection contract never gave Dirty Boyz the right to pick disposal locations. This matters to subcontractors because it shows courts will enforce city requirements about how and where work must be performed, even if those requirements change after a contract is signed.

KEY FINDINGS

Flow-Down

Don't assume you have flexibility on how to perform work unless your contract explicitly grants it—courts will enforce restrictions that aren't mentioned in your agreement

Force Majeure

When bidding on municipal contracts, carefully review any city ordinances or regulations that control your work methods, disposal sites, or material handling before signing

FULL COURT OPINION