Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Cardell Inc. v. Township of Woodbridge

Decided: July 19, 1971.

CARDELL, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
TOWNSHIP OF WOODBRIDGE, A MUNICIPAL CORPORATION IN THE COUNTY OF MIDDLESEX, STATE OF NEW JERSEY, DEFENDANT-APPELLANT



Lewis, Matthews and Mintz. The opinion of the court was delivered by Matthews, J.A.D.

Matthews

Defendant Township of Woodbridge (township) appeals from two judgments in favor of plaintiff Cardell for $14,506.36 and $7,605.55 for its wrongful rejection of Cardell's low bids on construction contracts No. 3306 and No. 3115, respectively. Cardell cross-appeals from the trial judge's determinations of damages. Because the parties and issues in both cases are identical, we consolidated the appeals.

On June 25, 1969 the township advertised pursuant to N.J.S.A. 40:50-1 et seq. , that it would receive sealed public bids on contract No. 3306, which involved the reconstruction of several streets in the township. The published notice contained a statement usually found in such solicitations for public contracts:

The Town Council reserves the right to accept or reject any or all bids which in its opinion will be in the best interests of the Township.

A similar warning appeared in the notice to bidders and in the specifications.

On July 6, 1969 the six sealed bids received in response to the advertisement were opened, and they revealed the following bidders and amounts:

Cardell, Inc. $114,826.10

Middlesex Concrete Products

and Excavating Company 119,982.80

Manzo Contracting Co., Inc. 128,892.50

Della Pello Contracting Co.,

Inc. 129,772.00

Halecrest Company 144,158.20

Earle Asphalt Company 212,827.50

Cardell's low bid was less than the township engineer's estimate of the cost of the construction work ($120,702) by approximately $6,000.

Despite the township engineer's recommendation that Cardell's offer be accepted, the township council, by resolution of August 5, 1969, refused all bids and ordered a readvertisement of the contract. No reason for the blanket rejection was given in the resolution. At the trial, however, it was disclosed that the council was of the opinion that even lower bids might be received because of the onset of winter and its attendant slowdown in construction. Neither the trial court nor this court has been apprised of any fact that warranted such a conclusion.

On August 13, 1969 the township readvertised for bids. The new contract was designated No. 3306-A and was virtually identical in its specifications to No. 3306. On August 28 the sealed bids received were opened with the following results:

Manzo Construction Co., Inc. $107,734.50

Middlesex Concrete Products

and Excavating Company ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.