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 Results for ("N.J.S.A. 40a:11-23")   1 to 15 of 35 results. Run time: 0.686 seconds | Search time: 0.679 seconds    
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1 P and A CONSTRUCTION, INC. v. TOWNSHIP OF WOODBRIDGE, et al. -- rank: 1000
... is a mandatory cause for the bid to be rejected ( N.J.S.A. 40A:11-23.2)." The items listed under subsection B included a certified ... may be a cause for the bid to be rejected ( N.J.S.A. 40A:11-23.1b.)."     Defendant F. Montecalvo Contracting Co. (Montecalvo) submitted the low ... is not one of the "mandatory requirements" set forth in N.J.S.A. 40A:11-23.2. Our "Checklist For Construction" at page C-13 section ... financial statement with its bid, the trial court relied upon N.J.S.A. 40A:11-23.2, a new section of Local Public Contracts Law enacted ... advertisement or bid documents. The trial court concluded that because N.J.S.A. 40A:11-23.2 states that a bidder's failure to submit any ... We reject this reasoning and conclude that the enactment of N.J.S.A. 40A:11-23.2 had a more limited effect on prior local ...
docket: A0436-03
court: NJ Superior Court Appellate Division
decided: 2004-01-06
status: published
citation: 365 N.J. Super. 164 838 A.2d 520
Document Size: 40307
2 SUBURBAN DISPOSAL INC v. TOWNSHIP OF ABERDEEN -- rank: 997
... included GC2. Like page 50a, page 50b stated: Pursuant to N.J.S.A. 40A:11-23[(c)(1) to (3)], the undersigned bidder hereby acknowledges receipt ... a mandatory, nonwaivable part of the submission by bidders." See N.J.S.A. 40A:11-23.2(e). She explained that even though the February 23 ... municipality to publish legal notification of the change, pursuant to N.J.S.A. 40A:11-23(c)(3), was irrelevant. Suburban challenged Aberdeen's failure to ... it was not one of the mandatory items listed under N.J.S.A. 40A:11-23.2. It was, therefore, reasonable for Aberdeen to have exercised ... EMBODIED IN PAGE 50b WAS NEVER A MANDATORY ITEM UNDER [ N.J.S.A. ] 40A:11-23.2. POINT IV UNDER THE MATERIALITY ANALYSIS ARTICULATED IN MEADOWBROOK ... notice[s] or revisions or addenda to . . . bid documents." See N.J.S.A. 40A:11-23.2. As we have previously said, the statute requires ...
docket: a3176-12
court: NJ Superior Court Appellate Division
decided: 2014-05-23
status: unpublished
citation:
Document Size: 36004
3 STAR SEA CONCRETE CORP. v. LUCAS BROTHERS, INC. et al. -- rank: 956
... 16]," with a bid is "deemed a fatal defect" under N.J.S.A. 40A:11-23.2. The County and Lucas Brothers argue in this appeal ... connection with the bid solicitation, the County issued, pursuant to N.J.S.A. 40A:11-23.1, a "Bid Document Submission Checklist," which was divided into ... The central issue in this dispute involves the meaning of N.J.S.A. 40A:11-23.2, which is part of the 1999 amendments to the ... N.J.S.A. 40A:11-21 to -23.2. N.J.S.A. 40A:11-23.2 provides that "[w]hen required by the bid plans ... The first four of the five mandatory items included in N.J.S.A. 40A:11-23.2 are "[a] guarantee to accompany the bid pursuant to ... the question becomes whether the Legislature incorporated this limitation into N.J.S.A. 40A:11-23.2, overlooks other language utilized by the Legislature in ...
docket: a4628-03
court: njappellate
decided: 2004-06-17
status: published
citation: 370 N.J. Super. 60
Document Size: 29581
4 SUBURBAN DISPOSAL, INC. VS. CITY OF PATERSON, ET AL. -- rank: 947
... or revisions or addenda to the advertisement or bid documents.' N.J.S.A. 40A:11-23.2. Failure to submit a mandatory item is a fatal ...
docket: a0519-23
court: appellate
decided: 2024-03-27
status: Unpublished
citation:
Document Size: 29136
5 VANAS CONSTRUCTION CO INC v. CITY OF JERSEY CITY -- rank: 863
... awarding the two contracts to the two lowest bidders violated N.J.S.A. 40A:11-23.2. The court also considered the impact of the awards ... submit the documents with the bid proposal is non-waivable. N.J.S.A. 40A:11-23.1; see also P & A Constr., Inc. v. Twp. of ... to permit Sanzari and Arco to cure the defect violated N.J.S.A. 40A:11-23.2. N.J.S.A. 40A:11-23.2 states in relevant part: When required by the bid ... to provide the Certificate and Questionnaire for the subcontractors violated N.J.S.A. 40A:11-23.2 as the trial court found. That, however, does not ... any bid defect that is not expressly set forth in N.J.S.A. 40A:11-23.2. Instead, we conclude that N.J.S.A. ...
docket: a1804-10
court: New Jersey Superior Court Appellate Division
decided: 2010-12-23
status: unpublished
citation:
Document Size: 97120
6 VANAS CONSTRUCTION CO INC v. CITY OF JERSEY CITY -- rank: 863
... awarding the two contracts to the two lowest bidders violated N.J.S.A. 40A:11-23.2. The court also considered the impact of the awards ... submit the documents with the bid proposal is non-waivable. N.J.S.A. 40A:11-23.1; see also P & A Constr., Inc. v. Twp. of ... to permit Sanzari and Arco to cure the defect violated N.J.S.A. 40A:11-23.2. N.J.S.A. 40A:11-23.2 states in relevant part: When required by the bid ... to provide the Certificate and Questionnaire for the subcontractors violated N.J.S.A. 40A:11-23.2 as the trial court found. That, however, does not ... any bid defect that is not expressly set forth in N.J.S.A. 40A:11-23.2. Instead, we conclude that N.J.S.A. ...
docket: a1650-10
court: New Jersey Superior Court Appellate Division
decided: 2010-12-23
status: unpublished
citation:
Document Size: 97120
7 VANAS CONSTRUCTION CO INC v. CITY OF JERSEY CITY -- rank: 863
... awarding the two contracts to the two lowest bidders violated N.J.S.A. 40A:11-23.2. The court also considered the impact of the awards ... submit the documents with the bid proposal is non-waivable. N.J.S.A. 40A:11-23.1; see also P & A Constr., Inc. v. Twp. of ... to permit Sanzari and Arco to cure the defect violated N.J.S.A. 40A:11-23.2. N.J.S.A. 40A:11-23.2 states in relevant part: When required by the bid ... to provide the Certificate and Questionnaire for the subcontractors violated N.J.S.A. 40A:11-23.2 as the trial court found. That, however, does not ... any bid defect that is not expressly set forth in N.J.S.A. 40A:11-23.2. Instead, we conclude that N.J.S.A. ...
docket: a1649-10
court: New Jersey Superior Court Appellate Division
decided: 2010-12-23
status: unpublished
citation:
Document Size: 97120
8 ERNEST BOCK & SONS, INC. v. MERCER COUNTY IMPROVEMENT AUTHORITY -- rank: 834
... of N.J.S.A. 52:25-24.2 and N.J.S.A. 40A:11-23.2, as required by the bid specifications." Therefore, the judge ... of N.J.S.A. 52:25-24.2 and N.J.S.A. 40A:11-23.2. Specifically, this [c]ourt holds that disclosure of any ... to the receipt of the bid or accompanying the bid," N.J.S.A. 40A:11-23.2 insists that an ownership disclosure statement made pursuant to ... contracting unit for the receipt of the bids . . . ." Insofar as [ N.J.S.A. 40A:11-]23.2 postdates the enactment of [ N.J.S.A. 52 ... it, this [c]ourt views the timing language found in N.J.S.A. 40A:11-]23.2 to be controlling. To allow submission of an ownership ... the "receipt of bids" would render the plain language of [ N.J.S.A. 40A:11-]23.2 meaningless. Moreover, no alternate interpretation of [ N.J. ...
docket: a0150-09
court: New Jersey Superior Court Appellate Division
decided: 2010-02-18
status: unpublished
citation:
Document Size: 46182
9 ERNEST BOCK & SONS, INC. v. MERCER COUNTY IMPROVEMENT AUTHORITY -- rank: 834
... of N.J.S.A. 52:25-24.2 and N.J.S.A. 40A:11-23.2, as required by the bid specifications." Therefore, the judge ... of N.J.S.A. 52:25-24.2 and N.J.S.A. 40A:11-23.2. Specifically, this [c]ourt holds that disclosure of any ... to the receipt of the bid or accompanying the bid," N.J.S.A. 40A:11-23.2 insists that an ownership disclosure statement made pursuant to ... contracting unit for the receipt of the bids . . . ." Insofar as [ N.J.S.A. 40A:11-]23.2 postdates the enactment of [ N.J.S.A. 52 ... it, this [c]ourt views the timing language found in N.J.S.A. 40A:11-]23.2 to be controlling. To allow submission of an ownership ... the "receipt of bids" would render the plain language of [ N.J.S.A. 40A:11-]23.2 meaningless. Moreover, no alternate interpretation of [ N.J. ...
docket: a0199-09
court: New Jersey Superior Court Appellate Division
decided: 2010-02-18
status: unpublished
citation:
Document Size: 46182
10 ERNEST BOCK & SONS, INC. v. MERCER COUNTY IMPROVEMENT AUTHORITY -- rank: 834
... of N.J.S.A. 52:25-24.2 and N.J.S.A. 40A:11-23.2, as required by the bid specifications." Therefore, the judge ... of N.J.S.A. 52:25-24.2 and N.J.S.A. 40A:11-23.2. Specifically, this [c]ourt holds that disclosure of any ... to the receipt of the bid or accompanying the bid," N.J.S.A. 40A:11-23.2 insists that an ownership disclosure statement made pursuant to ... contracting unit for the receipt of the bids . . . ." Insofar as [ N.J.S.A. 40A:11-]23.2 postdates the enactment of [ N.J.S.A. 52 ... it, this [c]ourt views the timing language found in N.J.S.A. 40A:11-]23.2 to be controlling. To allow submission of an ownership ... the "receipt of bids" would render the plain language of [ N.J.S.A. 40A:11-]23.2 meaningless. Moreover, no alternate interpretation of [ N.J. ...
docket: a0051-09
court: New Jersey Superior Court Appellate Division
decided: 2010-02-18
status: unpublished
citation:
Document Size: 46182
11 APPLIED LANDSCAPE TECHNOLOGIES, INC v. BOROUGH OF FLORHAM PARK -- rank: 811
... N.J. Super. 524 , 535 (App. Div. 1983). Pursuant to N.J.S.A. 40A:11-23.2, "[w]hen required by the bid plans and specifications ... requirement is "[a] listing of subcontractors pursuant to section 16 . . . ." N.J.S.A. 40A:11-23.2d. In November 2012, the Borough issued a notice to ... was] a mandatory cause for the bid to be rejected[,] [] N.J.S.A. 40A:11-23.2[]." Among other things, the checklist obligated each bidder to ... competition. [ Ibid. ] We have said that "[t]he intent of N.J.S.A. 40A:11-23.2 was to 'circumscribe[] the authority of local contracting agencies ... 365 N.J. Super. 164 , 176-77 (App. Div. 2004)). " N.J.S.A. 40A:11-23.2, which is the only section of [the] Local Public ... J. Super. at 68-69, we concluded that, pursuant to N.J.S.A. 40A:11-23.2, the lowest bidder's failure to include a ...
docket: a3476-12
court: NJ Superior Court Appellate Division
decided: 2013-06-03
status: unpublished
citation:
Document Size: 41449
12 ERNEST BOCK SONS DOBCO PENNSAUKEN JOINT VENTURE v. TOWNSHIP OF PENNSAUKEN -- rank: 811
... surety, acknowledgement of addenda, and subcontractor form as required by N.J.S.A 40A:11-23.2. Joint Venture, however, did not submit a PWCRA registration ... of ownership form and on all bid documents required under N.J.S.A. 40A:11-23. Moreover, A-3684-22 12 even if we do not ...
docket: a3684-22
court: NJ Superior Court Appellate Division
decided: 2023-11-30
status: Published
citation:
Document Size: 32645
13 FALASCA MECHANICAL, INC v. GLOUCESTER COUNTY IMPROVEMENT AUTHORITY -- rank: 767
... 2008, the trial judge considered GCIA's alternative arguments that N.J.S.A. 40A:11-23.2 required bidders to list all subcontractors and provide BRCs ... for automatic rejection of a bid. The judge reasoned that N.J.S.A. 40A:11-23.2 did not in itself require the list or the ... authority to require sub-contractor information and BRCs even if N.J.S.A. 40A:11-23.2 did not require them. It also had the authority ... 370 N.J. Super. 60 (App. Div. 2004), we construed N.J.S.A. 40A:11-23.2, which provides that when the bid specifications require a ... subcontractors. Rather, we recognized that, even before the adoption of N.J.S.A. 40A:11-23.2, failure to list subcontractors was a non-waivable defect ... J. Super. 421 (App. Div. 1997)], which was decided before N.J.S.A. 40A:11-23.2 was adopted, we concluded that a list of ...
docket: a1757-08
court: New Jersey Superior Court Appellate Division
decided: 2009-06-26
status: unpublished
citation:
Document Size: 27933
14 FALASCA MECHANICAL, INC v. GLOUCESTER COUNTY IMPROVEMENT AUTHORITY -- rank: 767
... 2008, the trial judge considered GCIA's alternative arguments that N.J.S.A. 40A:11-23.2 required bidders to list all subcontractors and provide BRCs ... for automatic rejection of a bid. The judge reasoned that N.J.S.A. 40A:11-23.2 did not in itself require the list or the ... authority to require sub-contractor information and BRCs even if N.J.S.A. 40A:11-23.2 did not require them. It also had the authority ... 370 N.J. Super. 60 (App. Div. 2004), we construed N.J.S.A. 40A:11-23.2, which provides that when the bid specifications require a ... subcontractors. Rather, we recognized that, even before the adoption of N.J.S.A. 40A:11-23.2, failure to list subcontractors was a non-waivable defect ... J. Super. 421 (App. Div. 1997)], which was decided before N.J.S.A. 40A:11-23.2 was adopted, we concluded that a list of ...
docket: a1872-08
court: New Jersey Superior Court Appellate Division
decided: 2009-06-26
status: unpublished
citation:
Document Size: 27941
15 NOVA CRETE, INC. v. CITY OF ELIZABETH -- rank: 744
... may be "cause for the bid to be rejected[,]" citing N.J.S.A. 40A:11-23.2. On October 7, 2008, Elizabeth received nine bids. Nova ... consent of surety is one of five items listed in N.J.S.A. 40A:11-23.2, which was enacted by the Legislature in 1999. "When ... body . . . ." Ibid. We have said that "[t]he intent of N.J.S.A. 40A:11-23.2 was to 'circumscribe[] the authority of local contracting agencies ... was material and could not be cured or waived. See N.J.S.A. 40A:11-23.2. As a result, Elizabeth correctly determined that Nova Crete ... cross-appeal is dismissed as moot. 1 In this regard, N.J.S.A. 40A:11-23.2 essentially codifies existing case law regarding the consent of ...
docket: a3550-08
court: New Jersey Superior Court Appellate Division
decided: 2010-01-15
status: Published
citation:
Document Size: 31433
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