P.J. Spillane Co. v. City of New Bedford

The action is one by which the low general bidder on a contract for public work who refused to sign the contract seeks to recover its bid deposit under the “unforeseen circumstances” proviso of G. L. c. 149, § 44B(2), as amended through St. 1961, c. 604, § l.1 The city has appealed from an adverse judgment entered against it in the Superior Court following a trial without jury.

The basic facts are not in dispute. Counsel stipulated that “[t]he nature of the work under the proposed contract con*709sisted essentially of supplying all necessary labor, equipment and materials to perform the complete…