Edgar Pachay
Business Law 230-N01
Professor Mark Zappy
April 15, 2015
Fletcher-Harlee Corp v Pote Concrete Contractors
Many business within ci)es, states, private or public businesses wish to enter into a contract
with private firm or an independent for the purchase of goods or performance work. In e.orts to
prevent dishonesty such as bribery and kickbacks, most business enter a contract by request of proposal
in which an o.er or an invita)on to nego)ate can be accepted or rejected. In addi)on, the lowest bid is
more likely to be accepted to ensure that the purchaser get the most economical price. However, bids
are most likely to be confused, such as someone would believe that making a lower o.er is an automa)c
acceptance from the purchaser. For example, in the case of Fletcher-Harlee Corp v. Pote Concrete
Contractors, Fletcher believed that Pote Concrete breached their contract by not honoring their bid.
However, Pote Concrete contractor claim that their price quota)on was for informa)onal purpose only.
Pote Concrete Contractor gave an es)mate to Fletcher which technically is not an o.er for
Fletcher-Harlee Corp was en)tled to accept. It is important to realize, a call for a bid or an es)mate is
not considered an o.er, therefore Fletcher is not able to accept Pote Concrete Contractor quota)on