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BROCKWELL CONTRACT v. KEARNY BD.

No. A-1806-10T4

20 A.3d 1165 (2011)

420 N.J. Super. 273

BROCKWELL & CARRINGTON CONTRACTORS, INC., Plaintiff-Respondent, v. KEARNY BOARD OF EDUCATION and Hall Construction, Inc., Defendants-Respondents, and Dobco, Inc., Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided June 20, 2011.

Attorney(s) appearing for the Case

Charles F. Kenny argued the cause for appellant (Peckar & Abramson, attorneys; Michael E. Smilow , River Edge, on the brief).

Robert T. Lawless , Florham Park, argued the cause for respondent Brockwell & Carrington (Hedinger & Lawless, attorneys; Mr. Lawless, of counsel and on the brief).

Connell Foley , attorneys for respondent Kearny Board of Education ( Thomas S. Cosma and Jessica Palmer , Roseland, on the brief).

Lindabury, McCormick, Estabrook & Cooper, attorneys for amicus curiae The Mechanical Contractors Association of New Jersey, Inc. ( Edward J. Frisch , of counsel; Mr. Frisch and Bruce P. Ogden , Westfield, on the brief).

Before Judges A.A. RODRÍGUEZ, GRALL and LEWINN.

The opinion of the court was delivered by

A.A. RODRÍGUEZ, P.J.A.D.

In this appeal from a public bidding dispute regarding a school building project, the central issue is the construction and application of N.J.A.C. 17:19-2.13(c). This regulation provides in pertinent part that, "[a] firm shall not be awarded a contract which, when added to the backlog of uncompleted construction work ... would exceed the firm's aggregate rating." The dispute is...

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