Spina Asphalt Paving Excavating Contractors, Inc. v. Borough of Fairview

In Spina Asphalt Paving Excavating Contractors, Inc. v. Borough of Fairview, 304 N.J. Super. 425, 701 A.2d 441 (App.Div.1997), the Court did not enforce the requirement that unit prices shall prevail in the event of a discrepancy between the unit price bid and the extended total. There, Spina had bid $ 400 per yard to supply 1,350 yards of aggregate base course. Id. at 427, 701 A.2d 441. The bid showed $ 5,400 as the extended total, which calculates to $ 4.00 per yard. Ibid. Applying the bidding specification that the unit price prevails, the Borough increased Spina's bid by $ 540,000 and awarded the contract to Tomaro Contracting, Inc. Id. at 428, 701 A.2d 441. Spina sued and prevailed in the trial court. The Court affirmed because "the error is patent and the true intent of the bidder obvious. . . ." Id. at 429, 701 A.2d 441. In this regard, we noted that "no one disputes that $ 400 per item would be 'grotesquely exorbitant.'" Id. at 430, 701 A.2d 441.