AAA Carting & Rubbish Removal, Inc. v. Town of Southeast

General Municipal Law § 103 (1) and Town Law § 122 require that public work contracts be awarded “to the lowest responsible bidder.” The majority holds, for the first time, that a contract subject to such competitive bidding statutes must be awarded to the lowest bidder that meets the express bid specifications, regardless of whether the municipality, exercising discretion, considers it to be a responsible bidder. This ruling is a mistake, defying precedent and good policy.

The term “responsible bidder” is not defined by statute, but case law gives it a clear meaning. A responsible bidder is…