Double Aa Builders, Ltd. v. Grand State Construction L.L.C.

114 P.3d 835 (2005)

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Nature of the Case

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Facts

P solicited bids from subcontractors for various portions of work to be performed for building a Home Depot. D faxed a written but unsigned bid in the amount of $115,000 for installation of the Exterior Insulation Finish System (EIFS) on the project. D's proposal stated: 'Our price is good for 30 days.' P relied upon D's bid in preparing its overall price for the project. P used D's price of $115,000 for the EIFS portion of the work in arriving at the total bid submitted to the owner. P was the successful bidder for the project. On January 11, 2002, within the 30-day 'price is good' period, P sent a subcontract for the EIFS work to D to be signed and returned. D advised P that it would not sign the subcontract or perform on the project because D had signed four other contracts that were bid around the same time period. P entered into a subcontract with a replacement subcontractor to install the EIFS at a cost of $131,449, which exceeded Subcontractor's quoted price by $16,449. P filed suit based upon promissory estoppel. The court ruled in favor of P and awarded $16,449 in damages but denied P's request for attorneys' fees. Everyone appealed.