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M.A. STEPHEN CONST. CO. v. BOROUGH OF RUMSON

125 N.J. Super. 67 (1973)

308 A.2d 380

M.A. STEPHEN CONSTRUCTION CO., INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, CROSS-RESPONDENT, AND SARK KAVOOKJIAN, PLAINTIFF, v. BOROUGH OF RUMSON, A MUNICIPAL CORPORATION OF THE COUNTY OF MONMOUTH, STATE OF NEW JERSEY, DEFENDANT-RESPONDENT, CROSS-APPELLANT. CARDELL, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. THE TOWNSHIP OF MADISON, A MUNICIPAL CORPORATION IN THE COUNTY OF MIDDLESEX, STATE OF NEW JERSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 30, 1973.

Attorney(s) appearing for the Case

Mr. Stewart M. Hutt argued the cause for appellant M.A. Stephen Construction Co., Inc. (Messrs. Hutt and Berkow, attorneys; Mr. Jay M. Hollander, on the brief).

Mr. Richard F. Plechner argued the cause for appellant Township of Madison (Mr. Robert G. Hampson, on the brief).

Mr. William R. Blair argued the cause for respondent Borough of Rumson (Messrs. Parsons, Canzona, Blair and Warren, attorneys).

Mr. Jay M. Hollander argued the cause for the respondent Cardell, Inc. (Messrs. Hutt and Berkow, attorneys).

Before Judges LORA, ALLCORN and HANDLER.

PER CURIAM.

Both of these appeals turn on the issue of whether the lowest responsible bidder for public work, whose bid was improperly rejected and the contract awarded to another bidder by the municipal governing body, is entitled to recover damages against the municipality. Accordingly, they will be treated in a single opinion.

In Rumson the borough on October 22, 1970 received bids for the construction of a portion of its sanitary sewer system

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