H. W. Stanfield Construction Corp. v. Robert McMullan & Son, Inc.

Defendant, a painting subcontractor, appeals from a money judgment awarding damages to plaintiffs, general contractors, on account of defendant’s refusal to do painting work in compliance with a bid submitted to plaintiffs.

In preparation of a bid on the prime contract to do construction work for the United States Navy, plaintiffs advertised for bids from subcontractors on various phases of the work. On January 25, 1968, a few hours before the time for submission of bids on the prime contract, defendant, in a telephonic communication with plaintiffs, submitted a bid of $9,384 on the painting work required by Section 9F of the plans and specifications for the construction project. Plaintiffs checked defendant’s bid with others they had received and noted the latter were for $18,500, $18,713, $19,475 and $24,463; thereupon, because of the apparent discrepancy between defendant’s bid and the other bids, by telephone communication advised defendant the latter’s bid was quite low, and requested defendant review and verify it before bid time, which was 2 o’clock; and thereafter, on the same day, received a second telephonic bid from defendant in the amount of $13,261 which…