Carl N. Swenson Co. v. E. C. Braun Co.

Plaintiff appeals from a judgment denying its petition for confirmation of an arbitration award and granting defendant’s motion to dismiss and entry of judgment in defendant’s favor.

The facts are without dispute. Plaintiff is a licensed general building contractor and defendant is a licensed subcontractor engaged in the plumbing and heating business. Defendant is a member of the Greater Bay Area Bid Service, a locked box bid service operated by the Plumbing-Heating-Cooling Contractors Association of the Greater Bay Area, Inc. (hereinafter referred to as “Contractors Association”). The bid service operated pursuant to bid depository rules which bound all members. On December 7, 1965, defendant submitted bids on a construction project at Moffett Field through the bid service and plaintiff as a general contractor received such bids. The bids submitted by defendant were (1) for plumbing alone and (2) a combination bid for plumbing, sheet metal and other mechanical work. On December 7, 1965, plaintiff executed a written acceptance of defendant’s plumbing bid of $78,735, the low bid received for that work. On the same day. plaintiff was awarded the general contract on the Moffett…