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Bid That Led To Performance Was A Binding Contract

Sunday, January 01, 2012 09:46 am



AAA Construction of Missoula, LLC v. Choice Land Corp., 2011 MT 262; 2011 Mont. Lexis 365 (Oct. 25, 2011)

The act of allowing a subcontractor to begin the work described in its bid constituted the contractor's acceptance of a valid agreement between the parties.

Contractor Waynco Construction, Inc. (Waynco) appealed a district court's finding that the bid submitted by subcontractor AAA Construction of Missoula, LLC (AAA) constituted a binding contract between the parties.

AAA submitted a bid to perform concrete work on a real estate improvement project in Missoula, Montana for $94,900. Waynco's project supervisor signed the bid under the section entitled "Acceptance of Proposal," but he also made interlineations to the bid, crossing out the words "Acceptance of Proposal" and writing in: "Pending contract with owner. Final scope/subcontract to follow. Thanks!" Relying heavily on these interlineations, Waynco argued that it never accepted AAA's terms, so no contract existed between the parties.

However [...]

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