Shopping Cart (0) items Sign In

Construction Claims Monthly - Devoted exclusively to the problems of construction contracting since 1963

‹ Prev article: 

After-bid Bargaining Prevents Contractor From Recovering Under Estoppel

Monday, February 04, 2008 02:17 pm

After-bid Bargaining Prevents Contractor From Recovering Under Estoppel

A U.S. District Court ruled that a prime contractor's issuance of its own standard subcontract form negated its ability to apply the theory of promissory estoppel in order to hold a subcontractor to its bid.

In its bid to act as general contractor on a Georgia Department of Transportation (GDOT) parkway extension construction project, APAC-Southeast, Inc. (APAC) included Coastal Caisson Corp.'s (Coastal) bid to perform drill-shaft foundation subcontract work. Coastal's bid included terms and conditions releasing the subcontractor for costs incurred as a result of certain subsurface conditions and requiring the contractor to pay standby rates to Coastal in the event of a delay.

After APAC signed the prime contract with GDOT, it submitted to Coastal a written subcontract (a standard form that APAC commonly used) proposing terms and conditions different from those in the subcontractor's bid -- namely, assigning both delay and subsurface condition risks to Coastal. When Coastal balked, the parties discussed and apparently verbally agre [...]

› Next article: 
Sign up now for Construction Claims Monthly Online! Your own virtual help desk of must-have techniques, tutorials, and how-to articles.
Join Now Construction Claims Monthly! Close

Dear Valued Customers,

We regret to announce that ProEdTech LLC and all its affiliate brands will cease operations on April 1, 2019.

We are no longer able to fulfill online orders. We will fullfill all DVD and book orders already placed.

Customers of canceled webinars and subscription products may request a refund at (800) 223-8720 or You must do so by April 1, 2019.

Thank you for your business and loyalty over the years. We sincerely apologize for any inconvenience caused.

Best regards,
The ProEdTech Team