Legal Question in Business Law in New Jersey

Elected Deputy Mayor threatens to cancel arborist's twp contract. Stating that

I own a tree trimming business in NJ. I regularly do contract work for a local twp. Recently I provided an estimate to a resident in the twp (unrelated to any twp contract) for the trimming of a tree. When I returned home, I had a message on my business machine from the Deputy Mayor of the twp. He identified himself and advised me to call him right away. I did not know the man, but returned his call. He once again identified himself as the Deputy Mayor and told me that the individual that I provided the estimate to was his son. He further stated that if I did not give his son a cheaper price I would not get any future contracts with the twp. He also made additional comments....I won't include here. I was also advised by the head of the twp road dept. that he too received a call from the Deputy Mayor on this same date at home. The Deputy Mayor advised the head of the road dept that I was not to win any more twp bids based on the estimate I gave the Dep. Mayor's son. Do I have any recourse??


Asked on 5/07/03, 9:25 pm

2 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Elected Deputy Mayor threatens to cancel arborist's twp contract. Stating t

Too bad you did not tape the conversation. If your contract is subject to local bidding, it cannot be terminated, nor can you be prevented from bidding when it comes up for renewal. If it is allowed to be awarded without bidding, you could lose it (such is the state of local politics). I would also contact the Municipal Ethics Department and register a complaint, as well as State Attorney General's office. If you have guts, I would also suggest you appear at a Council meeting of your community and inform them of the threat (during the public comment session of the meeting) and write a Letter to Editor of your local paper warning other contractors of this activity. Maybe having a local attorney appear with you at the Council meeting will help. Remember, you cannot know what takes place at closed session Council meetings and what will be said or done about your contract. You might also want to contact the Mayor and, if you have one, the Town Manager.

Read more
Answered on 5/08/03, 12:16 pm
Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

Re: Elected Deputy Mayor threatens to cancel arborist's twp contract. Stating t

If the bid was subject to the public contracts law, once you are "qualified," price is the issue and the Deputy Mayor has no control. If not, then there is discretion. The best solution is for you to contact an attorney and discuss this matter.

Read more
Answered on 5/07/03, 10:00 pm


Related Questions & Answers

More Business Law questions and answers in New Jersey