Bodine Elec. of Champaign v. City of Champaign

Plaintiff, Bodine Electric of Champaign (Bodine), brought an action for declaratory judgment against the City of Champaign (City) to determine whether the submission of a 5% bid bond, rather than the required 10%, was a material variance that the City could not waive or an immaterial variance that the City had the discretion to waive. The trial court found for defendant City and denied the declaratory judgment, holding that plaintiffs bid bond of 5% was a material variance that could not be waived by the City. The trial court also dismissed plaintiffs remaining count for injunctive relief…