Contracts & ExecutionQuestion 875 of 1632

A contractor's bid submitted to an owner is best characterized in contract terms as:

a.An acceptance that binds the owner as soon as the bid is opened
b.An implied warranty that the stated price will cover all the work
c.A liquidated damages clause fixing the cost of the contractor's withdrawal
d.An offer the owner may accept or reject, and that can lapse

Explanation

A bid is an offer to do the described work at the stated price; a contract forms only on acceptance. Until then the owner may reject it, it lapses after the time stated or a reasonable time, and it is generally revocable — though on public works a bid bond and Public Contract Code §5100 et seq. sharply limit withdrawal, and a general contractor's reasonable reliance on a subcontractor's bid can make that bid irrevocable under Drennan v. Star Paving (1958) 51 Cal.2d 409. (a) collapses offer into acceptance; opening a bid is not accepting it. (b) confuses a price proposal with a warranty — a fixed price allocates cost risk but warrants nothing about scope. (c) confuses the bid with the bid bond, which is the instrument that actually puts money behind a withdrawal.

Law Reference: Civil Code §1582; Pub. Contract Code §5100 et seq.; Drennan v. Star Paving (1958) 51 Cal.2d 409

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