Meadowbrook Carting Company, Inc., a New Jersey Corporation, Plaintiff-Appellant v. Borough of Island Heights and…

Summary

The Supreme Court of New Jersey held that a municipality may not waive the statutory requirement that a bidder submit a consent of surety with its bid; the omission of such consent is a material defect that cannot be waived or cured, rendering the award to the low bidder void and requiring the contract to be re‑advertised.