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O'SHEA v. NEW JERSEY SCHOOLS CONSTRUCTION CORPORATION

No. A-5459-04T1

908 A.2d 237 (2006)

ALAN O'SHEA and the MECHANICAL CONTRACTORS ASSOCIATION OF NEW JERSEY, INC., Plaintiff-Appellants, v. NEW JERSEY SCHOOLS CONSTRUCTION CORPORATION, NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY, and the STATE OF NEW JERSEY, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division

Decided October 19, 2006

Attorney(s) appearing for the Case

Edward J. Frisch argued the cause for appellants (Lindabury, McCormick & Estabrook, attorneys; Mr. Frisch, of counsel; Bruce P. Ogden, on the brief).

Elaine C. Schwartz, Deputy Attorney General, argued the cause for respondents (Anne Milgram, Acting Attorney General, attorney; Susan Roop, Assistant Attorney General, of counsel; Ms. Schwartz, on the brief).

Before Judges Cuff, Winkelstein and Fuentes.

The opinion of the court was delivered by

WINKELSTEIN, J.A.D.

In this appeal from an order dismissing plaintiffs' complaint seeking to enforce defendants' compliance with public bidding laws, the principal issue is whether a subsidiary of a State authority, the New Jersey Schools Construction Corporation (the SCC), may permit a general (or prime) contractor to substitute major trade subcontractors for those listed in the general contractor's bid documents...

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