Cape Cod Builders lost its bid to reboot the bidding process for a contract for restoration work on Memorial Wharf, in Dukes County Superior Court on Wednesday afternoon.
Judge Cornelius Moriarty denied Cape Cod Builders’ attempt to enjoin the town of Edgartown against awarding the contract to Tisbury-based Trademark Service, which submitted the low bid of $249,900. Town selectmen voted to award the contract to Trademark Service on Jan. 23. Cape Cod Builders, which submitted the second lowest bid, $323,000, contended that since the contract was for a public building project for more than $150,000, it should be awarded to a company certified by the Division of Capital Asset Management and Maintenance (DCAM), which Trademark Service is not.
Attorney Michael Goldsmith of Reynolds, Rappaport, Kaplan & Hackney, representing the town of Edgartown, argued that the open-sided Memorial Wharf did not meet the legal definition of a “building,” because the structure does not have enclosing walls.
Judge Moriarty agreed. “The pavilion here in question does not meet the definition of a building,” he wrote in his decision.