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E.H. PERKINS CONSTRUCTION, INC. v. TOWN OF LINCOLN

No. 09-P-1227.

78 Mass. App. Ct. 208 (2010)

E.H. PERKINS CONSTRUCTION, INC. v. TOWN OF LINCOLN.

Appeals Court of Massachusetts, Suffolk.

November 4, 2010.

Attorney(s) appearing for the Case

Andrew W. Daniels for the plaintiff.

Richard T. Holland for the defendant.

Present: TRAINOR, WOLOHOJIAN, & MILKEY, JJ.

MILKEY, J.

In February of 2009, the town of Lincoln (town) solicited bids on a road paving project. The town eventually awarded the contract to Sunshine Paving Corp. (Sunshine), which had submitted the lowest bid. To award the contract to Sunshine, the town had to waive a prequalification requirement that had been included in the bid documents (regarding the scale of the projects on which bidders had previously worked).

E.H. Perkins Construction, Inc. (Perkins...

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