Holman Erection Co. v. Orville E. Madsen & Sons, Inc.
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| Holman Erection Co. v. Orville E. Madsen & Sons, Inc. | |
| Court | |
|---|---|
| Citation | 330 N.W.2d 693 (Minn. 1983) |
| Date decided | 1983 |
Facts
Defendant used subcontractor Plaintiff’s bid and listed Plainiff as the sub. D. had to use minority business, so they choose a different sub. Held for D.
Issues
Was there a contract between the general contractor and subcontractor?
Holding
No.
Reasons
The general contractor relies on the subcontractor's bid, but subcontractor does not rely on the general contractor’s bid. More leeway and flexibility are granted to a general contractor.
Rule
Use of a subcontractor's bid in submitting the prime bid does not (by itself) constitute acceptance of subcontractor’s offer.
