Hunkin-Conkey Construction Co. v. City of Dunkirk

Willard W. Cass, Jr., J.

This is a motion by the plaintiffs for summary judgment. The defendant also seeks summary judgment and has submitted a cross motion therefor.

From the papers submitted the following facts appear to be established and uncontroverted.

The plaintiff contractors submitted a bid to perform the general construction work for a proposed sewage treatment plant. The bid was in the amount of $7,599,293 and was submitted by the deadline imposed by the defendant, City of Dunkirk, of August 31, 1971. When the bids were opened, three other bids were also submitted. They were as follows: