E. H. Oftedal & Sons, Inc. v. State Ex Rel. Montana Transportation Commission

¶1 E. H. Oftedal and Sons, Inc. (Oftedal) brought this action in the First Judicial District, Lewis and Clark County, seeking an upward revision of the contract sum on a federal-aid highway project, because of an error in its submitted bid. Oftedal initially sought relief from the Montana Transportation Commission (Commission) by requesting either the withdrawal of the bid or an upward revision to reflect the amount of the error. After the Commission’s denial of Oftedal’s request, Oftedal sought equitable relief from the District Court pursuant to § 28-2-1611, et seq., MCA. The parties agreed…