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Contracts Keyed to Marshall
Drennan v. Star Paving Co.
Citation:333 P.2d 757 (1958)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
On July 28, 1955, plaintiff, a licensed general contractor, was preparing a bid on the “Monte Vista School Job” in the Lancaster school district. Bids had to be submitted before 8:00 p.m. Plaintiff testified that it was customary in that area for general contractors to receive the bids of subcontractors by telephone on the day set for bidding and to rely on them in computing their own bids. Thus on that day plaintiff’s secretary, Mrs. Johnson, received by telephone between fifty and seventy-five subcontractors’ bids for various parts of the school job. His own bid had to include the names of subcontractors who were to perform one-half of one per cent or more of the construction work, and he had also to provide a bidder’s bond of ten per cent of his total bid of $317,385 as a guarantee that he would enter the contract if awarded the work. Late in the afternoon, Mrs. Johnson had a telephone conversation with Kenneth R. Hoon, an estimator for defendant. He gave his name and telephone number and stated that he was bidding for defendant for the paving work at the Monte Vista School according to plans and specifications and that his bid was $7,131.60.
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