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JKL, Inc. solicits bids for the repair of a boiler used in its shoe factory. Supplier A submits a bid of $7000. The next lowest bid is $8,000, and the remaining bids are between $10,000 and $11,000. JKL awards the contract to Supplier A. However, before beginning repairs, Supplier A realizes it made a mistake and underestimated the repair work. Supplier A refuses to do the work, saying it would lose money. If JKL declines to increase the payment and claims that Supplier A breached the contract, the MOST likely result would be which of the following?
Correct Answer: A
* Contract Law Principles: Generally, a contract is binding if both parties have mutually agreed to the terms. * Error in Bid: If the error in Supplier A's bid was not known or reasonably should not have been known by JKL, Supplier A is obligated to honor the bid. * Breach of Contract: Refusal to perform under these circumstances would constitute a breach of contract by Supplier A. * Possible Remedies: JKL may seek remedies such as enforcing the contract, seeking damages, or re-awarding the contract to another supplier. References * Contract Law Cases and Textbooks * Legal Precedents on Contractual Errors * Procurement and Supply Chain Management Resources