Boise Junior College District v. Mattefs Construction Co.

SPEAR, Justice.

The issue presented is whether, under the circumstances of this case, a contractor is entitled to the equitable relief of rescission when it has submitted a bid which contains a material clerical mistake. We conclude that such relief is available.

Mattefs Construction Company (hereinafter termed respondent) was one of ten bidders on a construction contract to be let by Boise Junior College District (hereinafter referred to as appellant). Along with its bid respondent submitted the customary bid bond containing a promise to pay the difference between its bid and the next higher…