SIEMENS BUILDING TECHNOLOGIES, INC. v. DIVISION OF CAPITAL ASSET MANAGEMENT


439 Mass. 759 (2003)

SIEMENS BUILDING TECHNOLOGIES, INC. v. DIVISION OF CAPITAL ASSET MANAGEMENT & others.

Supreme Judicial Court of Massachusetts, Suffolk.

July 16, 2003.


Attorney(s) appearing for the Case

Stephen M. Sheehy for the plaintiff.

Stephen H. Clark, Assistant Attorney General, for Division of Capital Asset Management.

Peter J. Gagne for N.B. Kenney Company, Inc.

Robert P. Garrity, for Johnson Controls, Inc., was present but did not argue.

Paul W. Losordo, for Suffolk Construction Co., Inc., was present but did not argue.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, SOSMAN, & CORDY, JJ.


CORDY, J.

After being replaced as the proposed provider of an automatic temperature control system to a public construction project, Siemens Building Technologies, Inc. (Siemens), sought preliminary and permanent injunctions preventing the Commonwealth from using a different provider on the grounds that Siemens's contract and the public bidding laws had been violated. A judge in the Superior Court refused to issue the preliminary...

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