# Builders Realty Corp. of Mass. v. Newton

> Massachusetts Supreme Judicial Court · October 29, 1964 · 348 Mass. 64

URL: https://www.frixlaw.com/law-library/cases/9724031

## Case

- **Full name:** Builders Realty Corp. of Mass. vs. City of Newton & Others
- **Court:** Massachusetts Supreme Judicial Court
- **Decided:** October 29, 1964
- **Citations:** 348 Mass. 64; 201 N.E.2d 825; 1964 Mass. LEXIS 671
- **Precedential status:** Published
- **Opinion:** Dissent by Whittemore
- **Judges:** Cutter, Reardon, Spiegel, Whittemobb, Whittemore, Wilkiits, Wilkins
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9724031

## Opinion text

*68 Whittemore, J.
(dissenting) The ordinance and the corresponding provisions of the bidding documents appear to me repugnant to the requirements of G. L. c. 149, § 44A, that “ [e]very contract . . . shall be awarded to the lowest responsible and eligible general bidder on the basis of competitive bids in accordance with the procedure set forth in the provisions of sections forty-four B to fortyrfour L” (emphasis supplied), and of § 44K that “the department [of labor and industries] . . . enforce sections forty-four A to forty-four J, inclusive, and . . . have all necessary powers ... to institute and prosecute proceedings ... to restrain the performance of any contract . . . not awarded in conformity therewith” (emphasis supplied). The statutory requirements are precise and detailed. They manifest an intention that the complicated procedures with which bidders and awarding authorities must comply and which the department must enforce be uniform. In the light of the other provisions of the statute it does not appear to me that the right in the awarding authority under § 44D to reject a bid “in the public interest” can support a modification of the statutory procedure by ordinance or by provisions of the bidding documents.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9724031. Public record. Not legal advice.