J. D'Amico, Inc. v. City of Worcester

Although the parties were insistent at oral argument that the question they pose regarding the application of G. L. c. 30, § 39M, perplexes and concerns the construction industry and public bidding authorities, we think there is less to the problem than meets the eye. The failure of the appellant, A. Amorello & Sons, Inc. (Amorello), as a bidder for a general contract to build a sewer interceptor, to make a bid deposit “in an amount not less than five percent of the value of the proposed, work, as estimated by the awarding authority'' 2 was a material deviation from bidding procedures which…