Jeffrey Blumstein representing Scozzari Builders, Inc
Our client was the second lowest bidder for a public construction contract advertised by the Township of Clinton. We asserted that the bid proposal from the lowest bidder was defective because it did not contain an appropriate consent of surety. The Township of Clinton accepted our objection and awarded the contract to our client. The low bidder brought an action in the Law Division challenging that decision. We successfully argued that the defect in the low bidder’s consent of surety was material and could not be waived. The award of the contract to our client was upheld.