Opinions of the City Attorney of San Francisco 1961 Pt.2
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While it has been held that slight or im- material variances in the bid requirements may be waived by action of the awarding body (Bader v. Sharp, 110 A. 2d 300), it is also established by a large body of authorities that a substantial departure from bidding requirements will require rejection of the defective bid as a matter of law. ( Coller v. City of St . Paul , 26 N.l\ 2d 835; National Engineering and Contracting Co. v. City of Cleveland . 146 N.E. 2d IZO; TownshTp" "of Hillside v. Sternin,... 15" N.J. 317, 136 Atl. 265, 268; Sutton v. City of Cleveland , 234 Minn. 263, 48 N.W. 2d 436; Wm. A. Carey & Co. v. Borough of Fair lawn . 117 A. 2d 140.) Of course, it must also be recognized that a departure from bid specifications will sometimes be tolerated, in the dis- cretion of the awarding authority where the defect is so insub- stantial as to bring into operation the doctrine of de minimis .
(See: Cal. Civil Code, §3533.) This is particularly true where the defect does not violate the positive terms of a statute or ordinance, but merely violates bid specifications inserted by ad- ministrative action of the contracting authority.
What to read after Opinions of the City Attorney of San Francisco 1961 Pt.2?
You can find similar books in the "Read Also" column, or choose other free books by San Francisco (Calif.). City Attorney's Office to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
While it has been held that slight or im- material variances in the bid requirements may be waived by action of the awarding body (Bader v. Sharp, 110 A. 2d 300), it is also established by a large body of authorities that a substantial departure from bidding requirements will require rejection of the defective bid as a matter of law. ( Coller v. City of St . Paul , 26 N.l\ 2d 835; National Engineering and Contracting Co. v. City of Cleveland . 146 N.E. 2d IZO; TownshTp" "of Hillside v. Sternin,... 15" N.J. 317, 136 Atl. 265, 268; Sutton v. City of Cleveland , 234 Minn. 263, 48 N.W. 2d 436; Wm. A. Carey & Co. v. Borough of Fair lawn . 117 A. 2d 140.) Of course, it must also be recognized that a departure from bid specifications will sometimes be tolerated, in the dis- cretion of the awarding authority where the defect is so insub- stantial as to bring into operation the doctrine of de minimis .
(See: Cal. Civil Code, §3533.) This is particularly true where the defect does not violate the positive terms of a statute or ordinance, but merely violates bid specifications inserted by ad- ministrative action of the contracting authority.
What to read after Opinions of the City Attorney of San Francisco 1961 Pt.2?
You can find similar books in the "Read Also" column, or choose other free books by San Francisco (Calif.). City Attorney's Office to read onlineMoreLess
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