Supreme Court of New Jersey

The Township of Hillside, in the County of Union, a Municipal Corporation, Plaintiff-Appellant v. Shephard Sternin…

November 25, 195725 N.J. 317

Summary

The Court affirmed the trial court’s summary judgment for the contractor, holding that a bid that fails to include the statutorily required 10% security deposit is non‑conforming and cannot be accepted, and that the municipality may not waive such material bidding requirements. The Court also found a genuine factual dispute as to whether the contractor examined the specifications, rendering summary judgment on that issue improper, but the deposit issue was decisive.