Grande and Son, Inc. vs. School Housing Committee of North Reading & others, 334 Mass. 252

06/01/1956 Posted By: Corwin & Corwin LLP

Court: SUPREME JUDICIAL COURT OF MASSACHUSETTS
Citation: 334 Mass.252
Parties: GRANDE AND SON, INC. vs. SCHOOL HOUSING COMMITTEE OF NORTH READING & others.
County: Middlesex
Hearing Date: May 10, 1956
Decision Date: June 1, 1956
Judges: QUA, C.J., RONAN, WILKINS, SPALDING, & WILLIAMS, JJ.

In a certiorari proceeding to quash the awarding of a building construction contract by a municipal committee as in violation of G. L. (Ter. Ed.) c. 149, Sections 44A-44C, as appearing in St. 1954, c. 645, it was improper to join the commissioner of labor and industries and members of the department of labor and industries as respondents for the purpose of requiring them to act under Section 44E, inserted by Section 4 of said c. 645. [254] An award of a contract for the construction of a school building subject to G. L. (Ter. Ed.) c. 149, Sections 44A-44C, as appearing in St. 1954, c. 645, by a town committee was in violation of the statute and invalid where it appeared that the lowest general bid included in its item 2 an improper sub-bid for acoustical ceilings based on material different from that called for by the specifications, that there were several proper sub-bids for the acoustical ceilings by sub-bidders of unquestioned responsibility and eligibility, and that the committee executed with the lowest general bidder a contract with the acoustical ceiling work eliminated and an "allowance" made therefor in the amount of such improper sub-bid; it was immaterial that, if the difference between the improper sub-bid and the lowest of the proper sub-bids had been added to the lowest general bid, it still would have been the lowest and that

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the committee in so awarding the contract acted with a purpose to reduce the cost of the building to the town. [256-259] The validity under G. L. (Ter. Ed.) c. 149, Sections 44A-44C, as appearing in St. 1954, c. 645, of an award of a contract for construction of a school building, not completed at the time of the decision by thiscourt, had not become a moot question by reason of the expiration of the period after opening of bids specified in Section 44B for awarding the contract. [259] A municipal committee acted in a quasi judicial capacity in awarding a building construction contract subject to G. L. (Ter. Ed.) c. 149, Sections 44A-44C, as appearing in St. 1954, c. 645, and certiorari lay to quash an award of the contract made in violation of the statute. [259]

PETITION for a writ of certiorari, filed in the Superior Court on May 25, 1955.

The case was heard by Warner, J.

In this court the case was submitted on briefs.

G. Joseph Tauro & Joseph Golant, for the petitioner.