Modern Continental Construction Co. v. Massachusetts Port Authority

This is a bill in equity brought by The Modern Continental Construction Co., Inc. (Modern), seeking a declaration that it was entitled to the award of a contract by the Massachusetts Port Authority (Authority) on the basis of a low bid or, alternatively, that it was entitled to damages from the Authority for the Authority’s failure to award to Modern the contract in question. After trial a judge of the Superior Court dismissed the bill and Modern appeals. We refer to the findings of the trial judge.

Modern is a nonunion construction firm which was qualified to undertake and complete a project…