July 25, 2011, Red Bank, NJ -In a novel bid dispute by the numeric low bidder, GH&C and Supreme Court Certified Civil Trial Attorney Sean E. Regan prevailed on behalf of the lowest responsive responsible bidder, who was the second lowest numeric bidder. At issue was an almost $1,000,000 contract, and the School District’s requirement for proof of an A/X (A10) rated surety with the bid submittal. Plaintiff provided only proof of A/VIII (A8) rated surety with its bid and attempted to cure post-bid with a bond issued by the A/VIII surety, backed-up by reissuance from an insurer with an A/XV (A15) rating. The School District refused to waive the bid defect. Plaintiff argued it was immaterial, and that the Plaintiff ultimately complied with N.J.S.A. 2A:44-143 (which allows for co-insurers and re-insurance on bonds). Thus, Plaintiff asserted that the School District had to exercise its discretion, and waive the defect, and allow a post-bid case. Mr. Regan successfully tried the case in a summary proceeding, and argued that the defect was material; and that in any event the School District as a co-equal branch of government could not be ordered by the Court to exercise its discretion and waive the defect, material or not. The Court’s favorable decision followed.
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|Tags: Sean E. Regan, Litigation|
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