Legal Question in Construction Law in Montana

back out of job before contract is signed

we 3 partners have a construction company and we recently gave another company a bid to do some work after receiving actual writting bids from other sub-contractors we were going to use for job the bids were extremely higher than what we orgianlly big and out contract sates prices good for 30 days the other company did not notify us we had won the bid and when we were notifyed it was past 30days so we asked to revise contract and they say no and we want to get out of job we have not sighned any contracts to bined us and the other company says if we dont keep origan lbid they will sue us can they do that even though no contract is been sighed by either company?????


Asked on 7/31/07, 6:31 pm

1 Answer from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: back out of job before contract is signed

This area of the law can be a bit "tricky" per se. Your bid would be legally deemed as an offer to contract. However, the receiving party to the bid would have a legal duty to give you proper notice that your offer/bid was duly accepted, in order for a contract to have been formed. From the facts given, there appears to be no acceptance on their end, which would legally translate into a contract never having been formed. As such, you would be under no legal obligation to honor your bid, especially if the terms of your offer expired within 30 days of their receipt. However, if you would like to email us a copy of the actual bid and/or summarize the communications between you and the other company, our Law Firm can give you a more definite answer on your rights and/or obligations. Further, we can offer you even more invaluable legal advice regarding your construction company.

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Answered on 7/31/07, 6:41 pm


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