Catamount Construction, Inc. v. Town of Pepperell
Court: Massachusetts Appeals Court; April 30, 1979; Massachusetts; State Appellate Court
The defendants argue that determining the lowest responsible and eligible bidder under G. L. c. 30. 39M is a factual question for the awarding authority, not the court. However, established case law allows for judicial review of the awarding authority's decisions if they are alleged to have been made illegally, arbitrarily, or in bad faith. The complaint includes allegations and details supporting claims of bad faith, which means the plaintiff could potentially prove facts entitling them to relief. The judge's decision to dismiss the complaint for failure to state a claim was therefore incorrect. The judgment is reversed, allowing the case to proceed.