Brait Builders Corporation v. Commonwealth of Massachusetts, No. 09-2502 (1st Cir. 2011)
Annotate this CaseThe contractor first obtained a certificate required to bid on public construction projects in 1994. In 2008, after the company was declared the lowest bidder on a school project, the state agency received information that the company had included false information on its 2007 renewal application. The agency decertified the company and it lost the bid. The district court dismissed a suit under 42 U.S.C. 1983. The First Circuit vacated for lack of jurisdiction. The company had failed to amend its complaint to name individual defendants and the state agency, the only defendant in the case, is shielded by Eleventh Amendment immunity. The court noted the complexity of the Fourteenth Amendment property interest issue.
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