Legal Question in Business Law in California

Implied Contract?

The maintenance supervisor, at my apt complex, asked if I had an electrical business. They were planning on doing an upgrade/repair job on the outside light poles and would I be interested in doing the work. I proceeded to spend the next 6 days with him. We went over every detail, every possibility ect. He finally had picked out the poles and we agreed on a price of $80,000.00 (eighty thousand). I wrote up the proposal. About three days later, he came to me saying that the owner wanted to get a couple more bids, but that he was having a hard time and wanted to maybe bring up some Mexicans from LA to do the work. (His words, not mine). About two weeks then pass and I see that there are workers digging the trenches to lay the conduit. I go to the office and am informed that Daniel is now working for the LA office. I spoke with the new supervisor and was told that they are paying a lot more than my proposal. He was very rude saying that he was having his own people do the work. The more I think about this the more outraged I get. My question is... Is there anything I can do? I was told we had a done deal. Can I, at the very least, sue in small claims for my time spent on basically engineering and planning this project for them?


Asked on 10/04/01, 12:10 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Implied Contract?

I don't think you have a very strong case. The type of services you provided are not unusual in a pre-bid, pre-award context. You have nothing in writing, and written agreements are the norm (and may even be required) for contracts of this type. All of this points to a court finding that there was no implied contract to pay you for what you did, that it was all just part of trying to sell your services by demonstrating your expertise. I could be wrong; one never knows what will happen in small claims court, but on the facts presented I don't think your case is a likely winner.

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Answered on 11/21/01, 2:39 pm


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