I&R Mechanical V. Hazelton Manufacturing, 62 Mass. App.Ct. 452 (2004)
Where a supplier faxed a subcontractor an unsolicited written quote for three boilers and the subcontractor allegedly used the quote in its sub-bid for HVAC work on a public project, the Appeals Court found that supplier’s later refusal to sell the boilers at the quoted price was not a breach of contract. The supplier’s quote was merely an invitation to the subcontractor to make an offer and no binding contract was formed.
Seaboard Surety v. Town of Greenfield, 370 Fed.3rd 215 (1st Cir 2004)
Where the Town defaulted a general contractor and entered into negotiations with the contractor’s performance bond surety, the Town’s failure to provide the surety with the default notice required by the bond before hiring its own replacement contractor was a breach of the bond. The surety’s obligations under the bond were discharged.
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