CARNEY, INC. v. CITY OF TRENTON


235 N.J. Super. 372 (1988)

562 A.2d 807

THOMAS P. CARNEY, INC., AND MICHELE GIGLIO, PLAINTIFF-APPELLANT, v. CITY OF TRENTON, A MUNICIPAL CORPORATION, TRENTON WATER WORKS, AND FITZPATRICK & ASSOCIATES, INC., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 2, 1988.


Attorney(s) appearing for the Case

David J. Kenny, argued cause for appellant (Hartsough, Kenny & Innes, attorneys, David J. Kenny on the brief).

George T. Dougherty, City Attorney, argued cause for respondents, City of Trenton and Trenton Water Works.

Ann F. Kiernan, argued cause for respondent, Fitzpatrick & Associates, Inc. (Jamieson, Moore, Peskin & Spicer, attorneys; Ann F. Kiernan, of counsel and on the brief).

Bruce P. Ogden, argued cause for amicus curiae, Mechanical Contractors Association of New Jersey, Inc. (Lindabury, McCormick & Estabrook, attorneys; Edward J. Frisch, of counsel; Bruce P. Ogden, on the brief).

Before Judges LONG and KEEFE.


KEEFE, J.A.D., temporarily assigned.

Two issues concerning the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq. are raised on this appeal. They are: 1) whether § 16 of the Local Public Contracts Law prohibits naming multiple subcontractors for each branch of work identified in the bid proposal without contracting with each of them after the contract is awarded; and 2) whether a local contracting unit can waive a condition of the bid proposal which...

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