Legal Opinion

James Cape & Sons Co. v. Mulcahy

Wisconsin Supreme Court

Decided July 15, 2005No. 2002AP2817PublishedCited by 3 opinions

1Opinion of the CourtDavid T. Prosser, J.

¶ 1. This is a review of a published decision of the court of appeals 1 affirming a circuit court order granting summary judgment in favor of the plaintiff, James Cape & Sons Company (Cape), in a dispute over forfeiture of a proposal guaranty/bid bond. The issue is whether Cape can recover a $100,000 proposal guaranty that the Department of Transportation (DOT) declared forfeited after Cape refused to perform a highway construction project for which it had submitted the low bid.

¶ 2. Wisconsin Stat. § 66.0901 governs the process for bidding on public works projects. The specific issue in this…

2Cases cited14 opinions

  1. State Ex Rel. Kalal v. Circuit Court for Dane CountyWisconsin Supreme Court · 2004
  2. Rockweit v. SenecalWisconsin Supreme Court · 1995
  3. Moffett, Hodgkins & Clarke Co. v. RochesterSupreme Court of the United States · 1900
  4. Chippewa Bridge Co. v. City of DurandWisconsin Supreme Court · 1904
  5. State v. BlackWisconsin Supreme Court · 1994

9 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Grim v. Eastern Electric, LLCWest Virginia Supreme Court · 2014
  2. Blenker Bldg. Sys., Inc. v. Array Fin. Servs.District Court, W.D. Wisconsin · 2018
  3. West Virginia Department of Transportation, Division of Highways v. Olympus Painting Contractors, Inc., Great Midwest Insurance Company, and Skyward Underwriters Agency, Inc.Intermediate Court of Appeals of West Virginia · 2025

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