DE SAPIO CONST., INC. v. TP. OF CLINTON


276 N.J. Super. 216 (1994)

647 A.2d 878

DE SAPIO CONSTRUCTION, INC., PLAINTIFF, v. TOWNSHIP OF CLINTON AND SCOZZARI BUILDERS, INC., DEFENDANTS.

Superior Court of New Jersey, Law Division Hunterdon County.

May 12, 1994.


Attorney(s) appearing for the Case

Gaetano M. De Sapio, attorney for plaintiff

Raymond S. Papperman, attorney for defendant, Township of Clinton (Vaida & Manfreda, attorneys)

Jeffrey P. Blumstein, attorney for defendant, Scozzari Builders, Inc. (Szaferman, Lakind, Blumstein, Watter & Blader, attorneys)


DUPUIS, J.S.C.

The issue presented is whether a potential builder of a public construction project can rectify an error in the form of the bid bond and consent of surety submitted at the time of the bid or whether the failure to provide the appropriate form is a material non waivable defect.

The facts underlying this action are not in dispute. On December 8, 1993, defendant Township of Clinton ("Township") accepted bids pursuant to the Local Public Contracts...

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