|June 19, 2008
Court Holds Contract Specifications Cannot Require Health Plan or Apprenticeship Program
We would like to inform you of a case that may be of particular interest to your manager and attorney concerning contracting specifications. In the Law Division case of G. Helmer Construction Co v Monroe Township Utilities Authority, the court struck down specifications that required a bidder to have a health plan for its employees and an apprenticeship program in place to bid on a contract.
The Court ruled that such requirements were not authorized, pointing out that, unlike prevailing wage and affirmative action provisions in specifications, health plans and apprenticeship programs were not mandated by law for public contractors and therefore could not be required in contract specifications.
To view the order in this case, please see the League website under “Issue Alerts”. If you have any questions or concerns about this communication, please contact Deborah M. Kole, Staff Attorney, at ex. 137 at the League or at firstname.lastname@example.org
Very truly yours,
William G. Dressel, Jr.