The Legal Column: Bid Acceptance Blues

Many subs submit their bids on proposal forms that also serve as a subcontract after both parties have signed. If you fail to accept the proposal, however, or somehow qualify your acceptance, you may end up without a contract and without a remedy when the subcontractor fails to perform. Yes, No, or Maybe? The North Carolina Court of Appeals emphasized the established rule of definitive acceptances in the case of Henderson & Corbin, Inc. v. West Carteret Water Corporation. Henderson & Corbin (HCI) submitted a bid for the construction of West Carteret’s water treatment plant. In exchange for the privilege of submitting a bid, HCI agreed to keep its bid open for 60 days. In the meantime, however, HCI discovered that