Colonnelli Bros., Inc. v. Village of Ridgefield Park

In Colonnelli Bros., Inc. v. Village of Ridgefield Park, 284 N.J. Super. 538, 665 A.2d 1136 (App.Div.1995), an exorbitantly low bid was eliminated. There, plaintiff's bid for "Maintenance of Traffic" during construction was expressed in words as "one-hundred dollars no cents," but the numerical bid was $ 10,000. Id. at 540, 665 A.2d 1136. Plaintiff's total bid, utilizing the $ 10,000 figure, was approximately $ 6,000 higher than the lowest bid. Ibid. Consequently, plaintiff sought to limit its bid for traffic maintenance to $ 100. Ibid. To this end, plaintiff invoked the rule in the bidding instructions that "'unit bid prices written in words shall govern.'" Ibid. The trial court agreed with the plaintiffs. The Court reversed. The evidence supported a determination that $ 100 was not a realistic price for traffic maintenance. The municipal engineer estimated the cost to be approximately $ 5,000, and the other bids ranged from $ 2,000 to $ 15,000. Id. at 540-41, 665 A.2d 1136. The Court concluded that "the trial judge improperly interfered with the municipality's appropriate exercise of discretion in awarding the contract to Montana Construction Co.. . . ." Id. at 541, 665 A.2d 1136. The Court also expressed concern about the potential "for manipulation and fraud if, after the bids were rendered, a bidder could clarify its bid or express which figure it intended to use, depending on the other bids presented." Id. at 542-43, 665 A.2d 1136.