A & a ELECTRIC, INC. v. City of King

This is an appeal from a judgment granting plaintiff contractor and its surety relief from an erroneous bid and forfeiture of a bid bond.

In 1972 the City of King called for bids for airport improvements. When the bids were opened on June 26, 1972, plaintiff’s bid of $30,517.60 was approximately $7,000 lower than the next bid. After a discussion with one of the other bidders present at the opening, plaintiff’s representative advised those present that there was a mistake in the bid. The city council met later the same day to consider the bids. Plaintiff’s manager attended the meeting and advised the city council that A & A Electric had made a clerical or mathematical mistake of about $4,500 without offering any explanation of the details of the claimed mistake. He also asked the city council for permission to either increase the bid by that amount or to withdraw the bid. The city attorney advised the council that they could accept the bid and later increase the amount if an error was shown. The city council adopted a resolution awarding the contract to A & A Electric at the $30,517.60 figure.

The error did not appear on the face of the bid. At the time of the meeting…