This appeal concerned a construction tender in which the tender document and bid bond, read together, disclosed an obvious discrepancy between the stated tender price and the amount said to represent five percent bid security.
The court held that the mistake was apparent on the face of the tender, distinguishing the situation from the governing principle in Ron Engineering, which did not address facially apparent tender errors.
Because the error was evident from the tender package itself, the appellants were legally entitled to refuse to execute the construction contract after promptly notifying the respondent and seeking correction or withdrawal.
The appeal was allowed, the trial judgment was set aside, and the action was dismissed with costs.
