Board of Ed. of Floyd County v. Hooper
| Decision Date | 27 October 1961 |
| Parties | BOARD OF EDUCATION OF FLOYD COUNTY, Kentucky, Appellant. v. Walter L. HOOPER et al., d/b/a Eastern Construction Company, et al., Appellees. |
| Court | United States State Supreme Court — District of Kentucky |
Joe Hobson, Prestonsburg, for appellant.
W. W. Burchett, Prestonsburg, for appellees.
CULLEN, Commissioner.
Appellees Hooper and Burchett, partners, submitted a bid to the Board of Education of Floyd County for the construction of a school building. As required by the specifications, the bid was accompanied by a bid bond, with appellee Travelers Indemnity Company as surety, conditioned that if the bid be accepted the bidders would execute a contract for the work in accordance with their bid and the specifications. Upon the opening of the bids the Hooper-Burchett bid, in the amount of $73,978.90, was found to be the lowest and was accepted by the board of education. The following day Hooper and Burchett notified the board that by inadvertence the price of the steel required in the construction, amounting to $12,000, had been omitted from their bid, and by reason thereof they could not execute a contract for their bid price. Three days later, without readvertising for bids, the board let a contract to the next lower bidder, whose bid was $78,000. Thereafter the board brought this action against Hooper and Burchett and the surety on their bid bond, seeking to recover the amount of the bond (which was five percent of the bid price). The court entered judgment for the defendants and the board has appealed.
Hooper and Burchett testified that the mistake in their bid arose from the fact that they had divided between them the work of preparing the bid estimates and each had assumed that the other had included the price of the steel in his estimates.
The facts in this case cannot to distinguished from those in Board of Regents of Murray State Normal School v. Cole, 209 Ky. 761, 273 S.W. 508, where in submitting a bid of $207,787 the bidder by inadvertence omitted the cost of cut stone in the amount of $21,066. It was held that the bidder was entitled to be relieved from his bid and would not forfeit a $10,000 certified check which by requirement of the specifications he had deposited with his bid, notwithstanding a provision of the specifications that if the successful bidder failed or refused to execute a contract the amount of his deposit would be forfeited.
While the opinion in the Cole case uses some language with reference to there having...
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