Legal Question in Construction Law in Utah

use of materials bid as forming contract

A general contractor submits a winning bid to the state to reconstruct a freeway over pass. He used a materials bid from a materials supplier for a specific materials in calculating his general bid. By using the materials suppliers bid, did the general contractor inturn form a contract with the materials supplier when he became the low bidder with the state and awarded the general contract? Must the General Gontractor now use the materials supplier's material on the recontstruction project and pay at the material bidders bid price? Or is the general contractor now free to look for lower priced materials suppliers?


Asked on 2/10/04, 1:24 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: use of materials bid as forming contract

Bids are generally submitted according to certain criteria, which may include a requirement to use certain materials or even certain suppliers. You will need to examine the terms of the bid process and subsequent contract to ascertain the answer to your question.

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Answered on 2/10/04, 10:38 pm


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