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ASSOCIATED SUBCONTRACTORS MASSACHUSETTS, INC. v. UNIVERSITY OF MASSACHUSETTS BUILDING AUTHORITY.

442 Mass. 159 (2004)

ASSOCIATED SUBCONTRACTORS OF MASACHUSETTS, INC., & others v. UNIVERSITY OF MASSACHUSETTS BUILDING AUTHORITY & another.

Supreme Judicial Court of Massachusetts, Suffolk.

July 7, 2004.

Attorney(s) appearing for the Case

Peter J. Gagne for the plaintiffs.

Bruce W. Edmands (David B. Hobbie with him) for University of Massachusetts Building Authority.

Geoffrey B. McCullough, for University of Massachusetts, was present but did not argue.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

MARSHALL, C.J.

By statute, most public construction projects in the Commonwealth are subject to a statutory competitive bidding process. See G. L. c. 149, §§ 44A-44H (competitive bidding statute). There are, however, exceptions to the statutory bidding scheme, among them certain construction projects undertaken by the University of Massachusetts Building Authority (authority)3 that are financed with funds "from nongovernmental...

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