BID MISTAKES--ABILITY OF THE AWARDING AUTHORITY TO WAIVE ERRORS AND DEFECTS

This article reviews a California case which arose from the lack of simple guidelines to determine whether a bid proposal which fails to include a bid for all items of work should be considered nonresponsive and thus not eligible for award, or whether the deficiency may be waived by the awarding body as being a minor defect. By mistake a low bidder left out item worth no more than $70 out of a $13 million freeway project. Despite the fact that the next lowest bid was $144509 more, the case was actually taken to court. The plaintiff's case was based on the proposition that any bid for less than all the work as advertised was fatal, and cases which suggested that errors affecting price were always materials were cited. However, the state and the defendant cited other decisions waiving minor omissions affecting price, and the court ruled in their favor.

  • Corporate Authors:

    Transportation Research Board

    A4005: Committee on Contract Law
    Washington, DC  United States  20418
  • Authors:
    • Finch, O F
  • Publication Date: 1978-7

Media Info

Subject/Index Terms

Filing Info

  • Accession Number: 00388765
  • Record Type: Publication
  • Files: TRIS, TRB
  • Created Date: Oct 30 1984 12:00AM