Fletcher-Harlee Corp. v. Pote Concrete Contractors, Inc.

Fletcher-Harlee Corp. (plaintiff), a general contractor, solicited subcontractor bids for a project, requiring bids to stay open for 60 days and bidders to be accountable for their submitted prices. Pote Concrete Contractors (defendant) submitted a price quotation expressly stating it was for informational purposes only, was not a firm offer, and was not binding on Pote. Fletcher relied on Pote's quotation in its own winning bid, but when Pote later raised its price, Fletcher went with a costlier alternate subcontractor and sued Pote for breach of contract; the district court dismissed the suit for lack of a contract, and Fletcher appealed.