The plaintiff, a masonry subcontractor, sued the defendant general contractor for breach of a Contract A formed during a public construction tendering process, alleging the defendant was obligated to use it as the masonry subcontractor after naming it on its tender form submitted to the school board.
The court found no contract existed between the parties because the defendant never issued a call for tenders to subcontractors and no bid depository system was in place, meaning the Ron Engineering Contract A framework did not apply.
The court further held that even if a contract existed, the plaintiff's bid was materially non-compliant with the tender specifications, and the plaintiff failed to prove it suffered any damages given its inability to isolate expected profit from overhead costs and its mitigation income from other projects.
