R.C.G. CONST. CO. v. MAYOR & COUNSEIL OF BOROUGH OF KEYPORT


786 A.2d 895 (2001)

346 N.J. Super. 58

R.C.G. CONSTRUCTION COMPANY, INC., a New Jersey Corporation, Plaintiff-Respondent and Cross-Appellant, v. The MAYOR AND COUNCIL OF the BOROUGH OF KEYPORT; The Borough of Keyport, a municipal corporation and corporate body politic, Defendants-Appellants and Cross-Respondents, and A & K Excavating, L.L.C., a New Jersey Corporation, and Emara Construction Co., a New Jersey Corporation, and Maharaj Construction Co., Inc., a New Jersey Corporation, Defendants. Maharaj Construction Co., Inc., Plaintiff-Respondent, v. The Borough of Keyport, Defendant, and A & K Excavating, L.L.C., Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided December 20, 2001.


Attorney(s) appearing for the Case

Raymond Springberg, Holmdel, argued the cause for appellant A & K Excavating, L.L.C. (Mr. Springberg, on the brief).

Gordon N. Litwin, Ocean, argued the cause for appellants/cross-respondents Mayor and Council of the Borough of Keyport and the Borough of Keyport (Ansell, Zaro, Grimm & Aaron, attorneys; Mr. Litwin, of counsel; Andrew J. Provence, Newark, on the brief).

Thomas Daniel McCloskey, Woodbridge, argued the cause for respondent/cross-appellant R.C.G. Construction Company, Inc.

(Greenbaum, Row, Smith, Ravin, Davis & Himmel, attorneys; Mr. McCloskey, of counsel and on the brief).

Richard M. Baron, Hackensack, argued the cause for respondent (Maharaj Construction, Inc. Mr. Baron, on the brief).

Before Judges HAVEY, BRAITHWAITE and COBURN.


The opinion of the court was delivered by HAVEY, P.J.A.D.

This is a public bidding case.1 The Public Works Contractor Registration Act (PWCRA), L. 1999, c. 238, became effective on April 11, 2000. N.J.S.A. 34:11-56.48 to -57. It provides that "no contractor shall bid on or engage in any contract for public work ... unless the contractor is registered pursuant to this act." N.J.S.A. 34:11-56.51 (§ 56.51). The definition...

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