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MEADOWBROOK CARTING CO. v. ISLAND HEIGHTS BOROUGH

138 N.J. 307 (1994)

650 A.2d 748

MEADOWBROOK CARTING COMPANY, INC., A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. BOROUGH OF ISLAND HEIGHTS AND CONSOLIDATED WASTE SERVICES, INC., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided December 7, 1994.

Attorney(s) appearing for the Case

David J. Haber argued the cause for appellant.

J. Mark Mutter argued the cause for respondent Borough of Island Heights.

Edward T. Feurey argued the cause for respondent Consolidated Waste Services, Inc.

Thomas S. Cosma submitted a brief on behalf of amicus curiae, Construction Industry Advancement Program (Connell, Foley & Geiser, attorneys).

The opinion of the Court was delivered by STEIN, J.

The issue before us is whether a municipality can award a contract to a low bidder that fails to include with its bid a required consent of surety to provide a performance bond. In an unreported opinion, the Appellate Division affirmed the trial court's ruling that the omission of a consent of surety from the bid is a defect that can be temporarily waived and subsequently cured. We granted certification, ...

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