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Contract – Implied – Insufficient Showing – Construction Project – Subcontract Terms (access required)

Lomax Construction, Inc. v. Triad Sheet Metal & Mechanical, Inc. Even if the plaintiff-general contractor made a qualified acceptance the defendant-subcontractor’s bid, the parties did not enter into a written contract, and the communications and conduct between the parties was insufficient to show that they formed an implied contract. Therefore, the contractor cannot make out a breach of contract claim based on the subcontractor’s refusal to stand by its bid once it realized the project owner had added a new component just before bids were due. We affirm summary judgment for the subcontractor.

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