Bidder Failed to Seek Clarification of Patent Ambiguity

A bid package contained a patent ambiguity because the specifications defined two types of borrowed fill material but the bid form included a unit-price line and estimated quantity for only one type of material. A contractor that failed to seek pre-bid clarification of the ambiguity could not prevail in its claim for extra work.

The Construction Claims Advisor summary of this case is available to ConstructionPro Network members and includes:

• The citation for the case (case name, case number, and date filed)
• An overview of the case
• Background information about the case
• A summary of the ruling
• A summary of the court’s conclusion and the resulting outcome
• Editor's commentary
• A link to the complete PDF copy of the original opinion