George Harms Construction Co., Inc. v. Borough of Lincoln Park

In George Harms Construction Co., Inc. v. Borough of Lincoln Park, 161 N.J. Super. 367, 391 A.2d 960 (Law Div.1978), the judge determined that a bidder's purported inadvertent failure to submit a list of all shareholders or partners owning 10% or more of the company in accordance with the mandate of N.J.S.A. 52:25-24.2 was neither waivable nor curable, even though the required list was provided shortly after the opening of bids. The judge noted: In furtherance of the public policy of open competition on common terms, the courts of New Jersey have consistently held that where an error is deemed material, it cannot be cured after bids are opened, even where, as defendant here asserts, the error results from simple negligence. Indeed, to permit correction of material deficiencies after bid opening would open the door to fraud and favoritism and defeat the statutory purpose of protection of the public.Id. at 376, 391 A.2d 960.