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ACE-MANZO v. NEPTUNE TP.

258 N.J. Super. 129 (1992)

609 A.2d 112

ACE-MANZO, INC., A CORPORATION OF THE STATE OF NEW JERSEY, AND D. MANZO & SON, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFFS, v. TOWNSHIP OF NEPTUNE, A BODY POLITIC OF THE STATE OF NEW JERSEY AND THE COUNTY OF MONMOUTH AND NORTH BRUNSWICK PAVING, INC., A NEW JERSEY CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Law Division Monmouth County.

Decided April 24, 1992.

Attorney(s) appearing for the Case

Thomas S. Cosma for plaintiff (Connell, Foley & Geiser, attorneys).

P. Kevin Missett for defendant Township of Neptune (Beekman & Missett, attorneys).

Vincent P. DeAndrea, Jr. for defendant North Brunswick Paving, Inc.

OPINION

MILBERG, A.J.S.C.

This case involves a public contract for storm drainage improvements in the Township of Neptune, Monmouth County. The project is governed by the Local Public Contracts Law N.J.S.A. 40A:11-1 et seq. Two questions are presented. The first which has not heretofore been addressed by the courts of this State is whether the failure to execute the bid proposal constitutes a material defect of a bid. The second which has been...

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