Branco Enterprises, Inc. v. Delta Roofing, Inc.

866 S.W.2d 157 (1994)

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Nature of the Case

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Facts

Branco (P) sued Delta (D) for D's refusal to install a roof on a building being renovated by D. P decided to bid on the building renovation and undertook bids from subcontractors for installation of a new roof. D submitted a bid of $21,545 plus another $1,200 for the warranty. This bid was significantly lower than other bids. P received. P called D to confirm the bid and that D was seeking approval for alternative roofing from the architect and that if not approved, D could get Owens-Corning certification as required under the contract specifications. P told D that he was relying on D's bid. P's bid was accepted, and the contract was signed on April 9, 1990. D was sent three copies of a written subcontract agreement, but D did not execute the contract but did return its certificate of insurance as required. A few months later when the job began, D called P and told P that they were not going to do the job. D explained that they had not gotten certification from Owens-Corning. P contracted with another company for $18,565 more than D's price. The trial court found for P and awarded the $18,565. D appealed.