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BARR INCORPORATED v. TOWN OF HOLLISTON

SJC-10899.

462 Mass. 112 (2012)

BARR INCORPORATED v. TOWN OF HOLLISTON.

Supreme Judicial Court of Massachusetts, Middlesex.

May 3, 2012.

Attorney(s) appearing for the Case

Michael P. Sams for the plaintiff.

David J. Doneski for the defendant.

James L. Rudolph & Robert E. Curtis, Jr., for Associated Builders and Contractors, Inc., amicus curiae, submitted a brief.

Martha Coakley, Attorney General, & Karla E. Zarbo, Assistant Attorney General, for the Attorney General & another, amici curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

LENK, J.

Contracts for the construction of public buildings estimated to cost above $100,000 "shall be awarded to the lowest responsible and eligible general bidder." G.L. c. 149, § 44A (2) (D). The question before us is whether, when an awarding authority is making a determination as to bidder responsibility, it is constrained to look only at materials compiled as part of the Department of Capital Asset Management...

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