In Ribarchak v. Municipal Authority of the City of Monongahela (Penn.), a prime contractor submitted a bid to a public authority, identifying a specific subcontractor in its bid. The public authority accepted the prime’s bid and awarded it a contract. The prime later substituted the named subcontractor with another subcontractor, and the named subcontractor sued for breach of contract.
Attorney Wally Zimolong notes this case in in his blog, Supplemental Conditions. The Court rejected the notion that a contractor’s use of a subcontractor’s quote constitutes acceptance of the quote absent affirmative evidence that the prime expressly accepted the subcontractor’s quote.
In summary, what does a subcontractor have to do to in order to bind a general contractor? Perhaps outline the condition in an e-mail suggesting that acceptance of the bid confirms a contractual relationship and confirm the acceptance of said bid by way of a follow-up call or e-mail.