Annese Electrical Services, Inc. v. City of Newton

Annese Electrical Services, Inc. (Annese), brought suit against the city of Newton (Newton), claiming that it was *764entitled to the subcontract for electrical work on a public building project and that Newton’s resolicitation of electrical subbids for the project violated G. L. c. 149, § 44E (1). The parties filed cross motions for summary judgment. A Superior Court judge denied Annese’s motion and granted Newton’s motion, concluding that Newton acted within its discretion to rebid the work. On appeal, Annese argues that the judge erred because (1) Newton lacked discretion under G. L. c. 149, §…