City of Merrill v. Wenzel Brothers, Inc.

The essential facts are not in dispute. Early in 1972, the City of Merrill advertised for bids on construction of a wastewater treatment plant addition. The bid proposal required that each bid be accompanied by a certified check or bid bond for 10 percent of the bid amount “. . . as a guarantee that after a bid is accepted the bidder will execute and file the contract and a 100% performance bond within five days after the award of the contract. . . .” The proposal also said that no bid could be withdrawn “. . . without the consent of the Owner for a period of k5 days after the scheduled time…