Involved in a Contract Dispute?
At Nowland Law, Attorney Thomas F. Nowland and his team of attorneys have represented virtually hundreds of companies and businesses of all sizes and in varying industries. These years of experience have taught us that each business has it’s own unique needs and considerations when dealing with business litigation. We strive to work with a business to achieve a desirable outcome.
Case Study: Construction Law – Contract Formation Dispute – Public Works
San Bernardino Superior Court
Result – Settlement In Client’s Favor Before Trial
This Contract Dispute case involves a public works sub contractor who was the successful bidder on a large school project. When the contract was executed it was discovered that it included a vast amount of work that was not included in the original bid documents (which meant over $1,000,000.00 in additional work and materials.)
The Dispute
Public works contracts are complex, include multiple other documents and plans that are integrated and incorporated by reference, and are governed by the public contracts code and subcontractor listing laws. These contracts also require a sub contractor to provide a surety performance bond to assure completion of the project for the amount bid.
The Resolution
Discovery in the matter revealed that the original contract documents to which our client bid the job were incorrect and did not include a vast amount of work that was eventually drafted into the contract. Relying on case law that essentially finds that a public contract is formed at the time of the bid opening, we successfully argued that it was the terms of the original bid that was agreed upon and that the drafting of the contract was in error because it added additional work not bid.
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