Those in the construction industry typically understand the basics of contracts. Even the word “contractor” reflects their regular use and experience with them. Nevertheless, the question of whether acceptance of a bid creates a binding contract comes up frequently. This question is not always answered easily, but a look at the legal nature of contracts helps answer it. Twice I have had an offer accepted (the first one with three confirmations!), and twice Greentoe reneged, even though the customer is not allowed to withdraw once the offer is accepted.

In the legal sense, a “contract” is an agreement whereby one party promises to pay money or perform services in exchange for another party’s promise to do the same. It creates rights between these parties that are enforceable under the law. Contracts are formed by an “offer” and an “acceptance.” Therefore, whether acceptance of a bid creates a contract largely depends on whether that bid legally constitutes an “offer.”

An offer capable of forming the basis of a contract must specifically state its essential terms. Those terms include the identity of the parties, the subject matter of the contract, and the consideration (which is the price and services to be exchanged). For example, if a subcontractor’s bid sets forth those terms, then the contractor’s acceptance of that bid will typically create a binding contract between them.

Despite this general rule, one should pay close attention to the language of the bid documents. For example, the bid documents may state that both acceptance of the bid and execution of a formal written agreement are conditions to the formation of a contract. A court will likely uphold such a requirement.

Finally, a contract arising from the acceptance of a bid does not eliminate the benefits of a formal written contract. A detailed, written agreement provides the parties the opportunity to fine tune the details of their respective obligations. The careful contractor will see that the parties’ obligations are set forth in more detail through a formal written agreement.

Ryan McLane is a Northern Kentucky attorney practicing at Dressman Benzinger LaVelle psc.

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About Greentoe.com

Greentoe.com describes themselves as “a revolution in online shopping,” due to their approach of giving shoppers the ability to negotiate with retailers about the prices they will pay for the products they want.

How Does It Work?

The Greentoe.com website is designed to be as simple as possible. All you have to do is go their site, browse the products you are interested in purchasing, and then “name your price,” which means offering the price you would like to pay for that product.

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When you search, you will be shown the average price that item is selling for online, as well as the lowest available price for that item online. These prices are intended to help you understand what type of price you should reasonably offer. In addition, they provide the “Offer Success Potential” indicator, which is intended to show you the likelihood that your offer will be accepted by a retailer.

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Many retailers are set up to instantly accept an offer that is reasonable, but even if your offer is not immediately accepted you will generally hear from retailers within one to three days. It is important to note, though, that offers cannot be cancelled or rescinded after they have been submitted.

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