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Contracts Keyed to Ayres
Boise Junior College District v. Mattefs Construction Co.
Citation:
92 Idaho 757, 450 P.2d 604 (1969)Facts
Boise Junior College District solicited bids for a construction project with an estimated cost of $150,000. Mattefs Construction Company submitted a bid of $141,048, which was the second lowest after Fulton Construction Company’s bid of $134,896. When preparing the bid, Mattefs’ superintendent inadvertently omitted the glass and glazing component worth $19,741 (approximately 14% of the total bid) during a hectic lunch hour when he was handling multiple phone calls. The error was discovered shortly after bid submission but just after the bid opening had commenced. Mattefs promptly notified the college of the error. When Fulton refused to sign the contract, it was tendered to Mattefs, who likewise refused. The college then awarded the contract to the third lowest bidder, Cain and Hardy, for $148,915 and sought to enforce Mattefs’ bid bond to recover the difference between Mattefs’ bid and the accepted bid.
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