JEN ELECTRIC, INC. v. COUNTY OF ESSEX

A-23 September Term 2008

964 A.2d 790 (2009)

197 NJ. 627

JEN ELECTRIC, INC., Plaintiff-Appellant, v. COUNTY OF ESSEX, Defendant-Respondent.

Supreme Court of New Jersey.

Decided March 4, 2009.


Attorney(s) appearing for the Case

Suzanne M. Cerra argued the cause for appellant (Nukk-Freeman & Cerra, Short Hills, attorneys; Ms. Cerra, Robin H. Rome and Kristine V. Ryan, on the briefs).

Mitchell W. Taraschi, Roseland, argued the cause for respondent (Connell Foley, attorneys; Mr. Taraschi and Mark L. Fleder, of counsel).


Justice RIVERA-SOTO delivered the opinion of the Court.

This appeal arises in the context of a bid specification challenge, a subset of public contracting. The primary issue presented is whether the provisions of the 2000 amendment to N.J.S.A. 40A:11-13(e) limit the standing of those who wish to challenge a bid specification in a public contract, or whether those provisions represent a limitations period within which such a challenge by an identified party...

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