In the Matter of Protest Filed by El Sol Contracting and Construction Corp., Contract T100.638

Summary

The Supreme Court of New Jersey affirmed the New Jersey Turnpike Authority’s rejection of El Sol Contracting’s bid, holding that the bid was incomplete because the Consent of Surety was not validly executed. The Court relied on its precedent that a Consent of Surety is a material, non‑waivable defect and that the Power of Attorney limited authority to the proposal bond only. The decision reversed the Appellate Division’s reversal and rejected the dissent’s arguments that the specifications did not require a PoA for the CoS or that prior practice estopped the Authority.