In a recent case of first impression, the Appellate Division validated a Camden County Superior Court ruling that the Public Works Contractor Registration Act is valid for joint ventures. The court specified that being registered as a contractor under the act is necessary at the time of submission of bids to local governments.
The appellants, Ernest Bock & Sons and Dobco Inc. Pennsauken Joint Venture, contested a July 28 trial court decision. The ruling supported Pennsauken’s choice to dismiss their bid and award the contract for a new public library and municipal complex to the next lowest, responsible bidder. As defined in government stipulations, all public contracts, including those with local county and municipality agencies, must be awarded to the lowest responsible bidder. For more detailed context, it could be insightful to examine the court’s opinion.
Despite the argument from the Joint Venture that its violation was a minor technicality not warranting the application of PWCRA, Judge Avis Bishop-Thompson, writing for the court, dismissed this stance. The Judge emphasized the responsibility of changing the statute lies with the Legislature, not the court. The Judge also noted that straying from this would only lead to uncertainty. To gain further insight into this legal development, you can read this article.