Catamount Construction, Inc. v. Town of Pepperell

Massachusetts Appeals Court

Catamount Construction, Inc. v. Town of Pepperell

388 N.E.2d 716, 7 Mass. App. Ct. 911, 1979 Mass. App. LEXIS 1304

CourtMassachusetts Appeals Court

DecidedApril 30, 1979

StatusPublished

Cited by1 cases

This text of 388 N.E.2d 716 (Catamount Construction, Inc. v. Town of Pepperell) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Catamount Construction, Inc. v. Town of Pepperell, 388 N.E.2d 716, 7 Mass. App. Ct. 911, 1979 Mass. App. LEXIS 1304 (Mass. Ct. App. 1979).

Pincite

Opinion

While the defendants may be correct in their contention that the decision as to which bidder was the lowest responsible and eligible bidder under G. L. c. 30, § 39M, was a question of fact to [912]*912be decided by the awarding authority rather than the court, see Capuano, Inc. v. School Bldg. Comm. of Wilbraham, 330 Mass. 494, 496 (1953); Modern Continental Constr. Co. v. Massachusetts Port Authy., 369 Mass. 825, 829 (1976), it is nevertheless clear from the cases cited that the awarding authority’s determination may be reviewed on allegations that it was made illegally, arbitrarily, or in bad faith. Such allegations are contained in the complaint, as are certain circumstances elaborating the bad faith (compare Mass.R.Civ.P. 9[b], 365 Mass. 751 [1974]); and it cannot be said that " 'there is no set of facts which the plaintiff could prove in support of [its] claim which would entitle [it] to relief.’ ” White v. Spence, 5 Mass. App. Ct. 679, 683 (1977). The judge therefore erred in allowing the defendants’ motions to dismiss the complaint under Mass.R.Civ.P. 12(b)(6), 365 Mass. 755 (1974), for failure to state a claim on which relief can be granted.

Steven J. Comen for the plaintiff. Walter G. Bilowz for the town of Pepperell.

Judgment reversed.

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While the defendants may be correct in their contention that the decision as to which bidder was the lowest responsible and eligible bidder under G. L. c. 30, § 39M, was a question of fact to [912]*912be decided by the awarding authority rather than the court, see Capuano, Inc. v. School Bldg. Comm. of Wilbraham, 330 Mass. 494, 496 (1953); Modern Continental Constr. Co. v. Massachusetts Port Authy., 369 Mass. 825, 829 (1976), it is nevertheless clear from the cases cited that the awarding authority’s determination may be reviewed on allegations that it was made illegally, arbitrarily, or in bad faith. Such allegations are contained in the complaint, as are certain circumstances elaborating the bad faith (compare Mass.R.Civ.P. 9[b], 365 Mass. 751 [1974]); and it cannot be said that " 'there is no set of facts which the plaintiff could prove in support of [its] claim which would entitle [it] to relief.’ ” White v. Spence, 5 Mass. App. Ct. 679, 683 (1977). The judge therefore erred in allowing the defendants’ motions to dismiss the complaint under Mass.R.Civ.P. 12(b)(6), 365 Mass. 755 (1974), for failure to state a claim on which relief can be granted.

Steven J. Comen for the plaintiff. Walter G. Bilowz for the town of Pepperell.

Judgment reversed.

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Bluebook (online)

388 N.E.2d 716, 7 Mass. App. Ct. 911, 1979 Mass. App. LEXIS 1304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/catamount-construction-inc-v-town-of-pepperell-massappct-1979.

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