BRASI DEVELOPMENT CORP. v. ATTORNEY GENERAL

SJC-10527

456 Mass. 684 (2010)

BRASI DEVELOPMENT CORP. v. ATTORNEY GENERAL & another.

Supreme Judicial Court of Massachusetts, Middlesex.

May 10, 2010.


Attorney(s) appearing for the Case

Karla E. Zarbo, Assistant Attorney General (Kate J. Fitzpatrick, Assistant Attorney General, with her) for the Attorney General.

Andre A. Sansoucy (John C. McCullough with him) for the plaintiff.

Elizabeth A. Sloane & Nicole Horberg Decter, for Massachusetts Building Trades Council & another, amici curiae, submitted a brief.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.


COWIN, J.

In this case we consider whether an agreement for the development, maintenance, and long-term lease of dormitory facilities by the University of Massachusetts, Lowell (university), was subject to the competitive public bidding requirements of G. L. c. 149, §§ 44A-44H (competitive bidding statute), where the developer agreed to assume the risks of construction and maintain ownership of the land and buildings, but the university provided detailed...

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