ROSELAND, N.J./February 23, 2009 -- Connell Foley Partners Mark L. Fleder and Mitchell W. Taraschi recently defeated a contractor's challenge to an award by a municipality of a public contract in excess of $4,000,000. The Court summarily denied the challenge by the apparent lowest bidder because the contractor's bid was materially defective for failure to identify the major equipment manufacturers as required by the bid specifications. The Court also noted that, assuming arguendo that the failure to identify major equipment manufacturers was a non-material defect, the public entity did not abuse its discretion in rejecting the non-conforming bid. For a copy of the decision in the case, please click on the following link, Pact Two, LLC v. Borough of Milford and Maple Construction Co., Inc., Superior Court of New Jersey, Docket No. HNT-L-32-09.
Mr. Fleder is a member of the Construction Law and Commercial Litigation practice groups.
Mr. Taraschi is a member of the Commercial Litigation and Construction Law practice groups.
For more information regarding the case, please call 973-535-0500 or contact Mr. Fleder at mfleder@connellfoley.com and/or Mr. Taraschi at mtaraschi@connellfoley.com.
