Four Nines Gold, Inc. v. 71 Construction, Inc.

I. INTRODUCTION

We create by this decision a new way for a subcontractor-bidder to escape from an inopportunely priced street construction bid. The way now paved is for the subcontractor to go to the owner to get the general contractor’s bid cancelled — no general contract and no subcontract responsibility to meet the terms of its bid. Lacking conviction that this “easy” way out is appropriate for the bidding subcontractor to default and still pass the transactional loss on to the general contractor, I respectfully dissent.

II. EVENTS ABOUT WHICH WE WRITE

This is the “good old boy” process of…