Public Bidding
Since the last edition of the newsletter, the courts have addressed a number of bidding issues. In Hall Const. v. New Jersey Sports & Exposition Authority, 295 N.J.Super. 629 (App. Div. 1996), the Appellate Division ruled that the low bidder's failure to bid a landscaping alternate rendered the bid materially defective. The court reasoned that the failure to bid on an alternate creates an inequality because the bidder does not obligate itself to perform the work and avoids the risk to which other bidders, actual or potential, must commit themselves.
In two cases, the court considered the availability of bid information under the Right-to-Know Law. In one case, the court ruled that the identity of general contractors who have picked up bid documents need not be disclosed under the Right-to-Know Law. O'Neill Electric Co.,Inc. v. Warren County, 297 N.J.Super. 473 (App. Div. 1997). On the other hand, an unsuccessful bidder has the right to inspect a competitor's bid. Kuehne Chemical Co., Inc., v. North Jersey District Water Supply Commission, 300 N.J.Super. 433 (App. Div. 1997).
