Legal Opinion
Meadowbrook Carting Co. v. Borough of Island Heights
Supreme Court of New Jersey
Decided December 7, 1994PublishedCited by 71 opinions
1Opinion of the Court
The opinion of the Court was delivered by
STEIN, J.
The issue before us is whether a municipality can award a contract to a low bidder that fails to include with its bid a required consent of surety to provide a performance bond. In an unreported opinion, the Appellate Division affirmed the trial court’s ruling that the omission of a consent of surety from the bid is a defect that can be temporarily waived and subsequently cured. We granted certification, 136 N.J. 30, 641 A.2d 1041 (1994), and now reverse.
I
The essential facts are undisputed. Defendant Borough of Island Heights (Borough) had a…
2Cases cited19 opinions
- Township of Hillside v. SterninSupreme Court of New Jersey · 1957
- Terminal Construction Corp. v. Atlantic County Sewerage AuthoritySupreme Court of New Jersey · 1975
- Pucillo v. Mayor and Council of Borough of New MilfordSupreme Court of New Jersey · 1977
- Tp. of River Vale v. RJ Longo Const. Co.New Jersey Superior Court Appellate Division · 1974
- Palamar Const., Inc. v. Tp. of PennsaukenNew Jersey Superior Court Appellate Division · 1983
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3Cited by71 opinions
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- Matter of On-Line Games ContractNew Jersey Superior Court Appellate Division · 1995
- N.E.R.I. Corp. v. New Jersey Highway AuthoritySupreme Court of New Jersey · 1996
- JEN ELECTRIC, INC. v. County of EssexSupreme Court of New Jersey · 2009
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