Dominick P. Massa & Sons, Inc. v. State

Appeal from an order of the Court of Claims (Benza, J.), entered October 22, 1987, which partially granted the State’s motion to dismiss the claim.

Claimant is a contractor who, on June 13, 1984, submitted a sealed bid in the amount of $774,000 to perform public construction for the State Office of General Services (hereinafter OGS). When the bids were opened, claimant was determined to be the lowest bidder. However, approximately five days later, claimant notified OGS that through an oversight and error its bid had failed to include $128,910 for profit, overhead and bond premiums. Claimant…