Dynalectric Co., Inc. v. Clark And Sullivan Constructors, Inc.

255 P.3d 286 (2011)

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Nature of the Case

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Facts

UMC solicited bids for the Project. P, interested in serving as the general contractor for the Project, sought bids from subcontractors. D submitted a bid to P to perform the electrical work for the Project and repeatedly assured P of the accuracy of its bid. P incorporated D's bid into its bid to UMC for the general contract (Prime Contract). P was the low bidder, and UMC awarded it the Prime Contract. P notified D. D repudiated its obligations to P and refused to negotiate with P. P contracted with three replacement subcontractors to complete the electrical work for the Project. P then sued D in district court under various theories of liability, including breach of contract, promissory estoppel, and breach of the covenant of good faith and fair dealing. D countersued for, among other theories, breach of an implied contract, fraud, and violation of NRS 338.141. P got a judgment on its promissory estoppel claim. The district court awarded P $2,501,615 in damages, which represents the difference between D's bid ($7,808,983) and the amount P paid the three replacement contractors to complete the work ($10,310,598). D appealed.