Powder Horn Constructors, Inc. v. City of Florence

I respectfully dissent. In my view, once a bid to a public authority is opened, the bid or offer becomes irrevocable, see 10 E. McQuillin, The Law of Municipal Corporations § 29.67, at 383 (3d ed. 1981),1 and a unilateral mistake of a contractor does not justify rescission absent a showing that(1) the mistake relates to a material feature of the contract; (2) it occurred despite the exercise of reasonable care; and (3) the public authority can be placed in status quo.

City of Florence v. Powder Horn Constructors, Inc., 716 P.2d 143, 144 (Colo.App.1985) (relying upon John J. Calnan Co. v.…