• Court of Appeal Confirms the Power of Subcontractors’ Bid Conditions
  • November 11, 2016 | Author: Daniel F. McLennon
  • Law Firm: Smith, Currie & Hancock LLP - San Francisco Office
  • General contractor Flintco Pacific, Inc. (“Flintco”) bid to construct a new building at Diablo Valley College (“DVC”) in Pleasant Hills, California. TEC Management Consultants, Inc. (“TEC”) submitted a written bid to Flintco to perform glazing work for $1,272,090. TEC’s bid contained several pre-conditions that Flintco’s subcontract with TEC would have to meet, otherwise TEC retained the right to withdraw its bid. DVC awarded the job to Flintco, and Flintco sent to TEC a letter of intent to enter a subcontract with TEC. However, Flintco’s attached subcontract failed to include any of TEC’s conditions, and Flintco refused to include them after TEC requested that they be added to the subcontract. TEC therefor refused to enter Flintco’s subcontract.