J. D'AMICO, INC. v. WORCESTER


19 Mass. App. Ct. 112 (1984)

472 N.E.2d 665

J. D'AMICO, INC. vs. CITY OF WORCESTER & others.

Appeals Court of Massachusetts, Norfolk.

December 26, 1984.


Attorney(s) appearing for the Case

Charles B. Swartwood, III, for A. Amorello & Sons, Inc.

Malcolm L. Burdine, Assistant City Solicitor, for the city of Worcester.

Stephen R. Follansbee (Tanous J. Thomas with him) for the plaintiff.

Present: GRANT, KAPLAN, & KASS, JJ.


KASS, J.

Although the parties were insistent at oral argument that the question they pose regarding the application of G.L.c. 30, § 39M, perplexes and concerns the construction industry and public bidding authorities, we think there is less to the problem than meets the eye. The failure of the appellant, A. Amorello & Sons, Inc. (Amorello), as a bidder for a general contract to build a sewer interceptor, to make a bid deposit "in an amount not less than five...

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