Industrial Engineering & Metal Fabricators, Inc. & another vs. Poorvu Construction Co., Inc. & another, 354 Mass. 287

05/07/1968 Posted By: Corwin & Corwin LLP

court: SUPREME JUDICIAL COURT OF MASSACHUSETTS
Citation: 354 Mass. 287
Parties: INDUSTRIAL ENGINEERING & METAL FABRICATORS, INC. & another vs. POORVU CONSTRUCTION CO., INC. & another.
County: Suffolk
Hearing Date: March 7, 1968
Decision Date: May 7, 1968
Judges: WILKINS, C.J., WHITTEMORE, CUTTER, KIRK, & SPIEGEL, JJ.

Subbidders for certain work on a public construction project subject to G. L. c. 149, Sections 44A-44L, had standing to bring a suit in equity against the successful general bidder, who had submitted a sub-bid for that work, and the director of the awarding authority, challenging the validity of an award of the subcontract for that work to the general bidder. [290] Evidence in a suit in equity warranted a finding that the awarding authority on a public construction project subject to G. L. c. 149,Sections 44A-44L, made a reasonable investigation in order to determine whether the successful general bidder, who had submitted a sub-bid for the miscellaneous and ornamental iron work which was the highest sub-bid therefor, customarily performed such work with his own employees and was qualified to do work of that character, and in the circumstances such investigation, together with other factors which the authority could take into account, formed a proper basis for its determining to its "satisfaction," as required by Section 44J, that the general bidder customarily performed and was qualified to do such work, and the authority's decision to award the subcontract therefor to the general bidder was permissible. [291-292] In a suit in equity by a sub-bidder for certain work on a public