City of Fairfield v. Harper Drilling Co.

WIGGINS, Justice.

In this case, we must decide whether a city can forfeit the bidder’s bond of a contractor whose bid the city accepted subject to the approval of another agency. The district court held the city could not forfeit the bidder’s bond, dismissed the city’s petition, and exonerated the bond. The city appealed and we transferred the case to the court of appeals, which reversed the district court. On further review, we vacate the decision of the court of appeals and affirm the decision of the district court.

I. Background Facts and Proceedings.

The parties agree the undisputed facts…