DEPT. OF LABOR & IND. v. BOSTON WATER & SEWER


18 Mass. App. Ct. 621 (1984)

469 N.E.2d 64

DEPARTMENT OF LABOR AND INDUSTRIES & another vs. BOSTON WATER AND SEWER COMMISSION & another.

Appeals Court of Massachusetts, Suffolk.

October 4, 1984.


Attorney(s) appearing for the Case

Sally A. Corwin for Boston Water and Sewer Commission.

Steven J. Comen for R.J. Longo Construction Co., Inc.

John D. O'Reilly, III, for Schiavone Construction Company.

Peter Waltonen for Department of Labor and Industries.

Present: GRANT, KASS, & SMITH, JJ.


SMITH, J.

Pursuant to G.L.c. 30, § 39M, as amended by St. 1977, c. 970, § 1, the Boston Water and Sewer Commission (commission) in May, 1983, invited bids for the construction of two miles of underground sewer lines. The bid documents provided that the commission reserved the right to reject any bid if deemed to be in its best interest and any bid which might be "unbalanced."3 R.J. Longo Construction Co., Inc. (Longo), was the...

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