A contractor's bid submitted to an owner is best characterized in contract terms as:
Giải thích
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.
Trích dẫn luật: Civil Code §1582; Pub. Contract Code §5100 et seq.; Drennan v. Star Paving (1958) 51 Cal.2d 409Luyện miễn phí toàn bộ 1632 câu hỏi — không cần đăng ký.
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Câu hỏi liên quan cùng chủ đề
- 'Frustration of purpose' as an excuse for nonperformance applies when:
- A third-party beneficiary who is an 'intended beneficiary' of a contract:
- An 'incidental beneficiary' of a contract differs from an intended beneficiary in that an incidental beneficiary:
- 'Promissory estoppel' may allow enforcement of a promise, even without traditional consideration, when:
- A general contractor uses a subcontractor's bid to prepare and win the prime contract, reasonably relying on that bid. If the sub then tries to withdraw the bid, the general may argue the sub is bound under:
- A 'retention' (retainage) provision in a construction contract generally allows the owner to:
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