Corbin-Dykes Electric Co. v. Burr
Arizona Court of Appeals, Division 1, Department B
18 Ariz. App. 101 (1972)
Relevant factsFree
General contractor Burr (defendant) included CDE's (plaintiff) winning bid in his own proposal to GM for a construction project, but after winning the GM contract, chose a different subcontractor instead; CDE sued for breach of the purported subcontract, relying entirely on trade custom in the HVAC industry that a subcontractor listed in a winning general-contractor bid receives the subcontract. The trial court granted Burr summary judgment.
IssueFree
Whether, in Arizona, proof of custom and usage in a particular trade, by itself, is sufficient to show acceptance by a general contractor of a subcontractor's bid on a project resulting in the formation of a contract.