Legal Opinion
Mello Construction, Inc. v. Division of Capital Asset Management
Massachusetts Appeals Court
Decided December 18, 2013No. 12-P-1429PublishedCited by 3 opinions
1Opinion of the CourtGraham, J.
The dispositive question presented in this appeal is whether a general contractor may sue the division of capital *626asset management and maintenance (DCAM) for money damages for a discretionary decision to deny an annual application for certification to bid on public construction projects.1 We conclude that it may not and affirm a Superior Court judgment dismissing the contractor’s complaint.
Background. From 1985 until 2004, Mello Construction, Inc. (Mello), a general contractor specializing in large-scale public construction projects, received annual certificates of eligibility from DCAM.2
In…
2Cases cited30 opinions
- Sullivan v. Liberty Mutual InsuranceMassachusetts Supreme Judicial Court · 2005
- General Outdoor Advertising Co. v. Department of Public WorksMassachusetts Supreme Judicial Court · 1935
- Boston Edison Co. v. Board of Selectmen of ConcordMassachusetts Supreme Judicial Court · 1968
- Caswell v. Licensing Commission for BrocktonMassachusetts Supreme Judicial Court · 1983
- Konstantopoulos v. Town of WhatelyMassachusetts Supreme Judicial Court · 1981
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3Cited by3 opinions
- Tortolano v. Lemuel Shattuck Hosp.Massachusetts Appeals Court · 2018
- Kao v. SuperintendentMassachusetts Appeals Court · 2017
- Middlesex Integrative Medicine, Inc. v. Massachusetts Department of Public HealthMassachusetts Superior Court, Suffolk County · 2016