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P & A CONST. v. TOWNSHIP

838 A.2d 520 (2004)

365 N.J. Super. 164

P & A CONSTRUCTION, INC., a corporation of the State of New Jersey, Plaintiff-Appellant, v. TOWNSHIP OF WOODBRIDGE, a body corporate of the State of New Jersey; F. Montecalvo Contracting Co., a corporation of the State of New Jersey, Defendants-Respondents, and Defino Contracting Co., a corporation of the State of New Jersey, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided January 6, 2004.

Attorney(s) appearing for the Case

Richard M. Salsburg, West Orange, argued the cause for appellant (Mandelbaum, Salsburg, Gold, Lazris, Discenza & Steinberg, attorneys; Mr. Salsburg, on the brief).

James P. Nolan, Jr., Perth Amboy, argued the cause for respondent Township of Woodbridge (Nolan and Hynes, attorneys; Mr. Nolan, on the brief).

John L. Antonas argued the cause for respondent F. Montecalvo Contracting Co. (Jorgensen & Barnes, attorneys; Peter J. Barnes, III, on the brief).

Before Judges SKILLMAN, WELLS and FISHER.

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

The issue presented by this appeal is whether the 1999 amendments to the Local Public Contracts Law, L. 1999, c. 39, N.J.S.A . 40A:11-21 to -23.2, which contain a new section that makes certain types of bid defects automatic grounds for rejection of a bid, should be construed as an implicit authorization for a local contracting agency to waive...

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