Question
Attempt 1 Save Question 4 (20 points) Assume for this question only that, during the time ABC was preparing its proposal, Lincoln submitted a bid to ABC for $100,000 for the excavation work. After telephoning Lincoln to confirm the bid, the ABC estimator incorporated Lincoln's bid amount into the estimate for ABC's proposal to Mall Partners. After Mall Partners awarded the contract to ABC, the ABC estimator contacted a few other excavation contractors to see if any of them would perform the work for $90,000. When none of them agreed to accept a subcontract for that amount, ABC sent a subcontract to Lincoln for $100,000. Lincoln, however, refused to sign the subcontract claiming that it needed another $10,000 above its original bid amount. ABC's attorney threatened to sue Lincoln if it refused to perform the work for the original bid price. Would ABC it win a lawsuit against Lincoln? Why or why not? Fully explain your answer Save 7398.1872246239457002.1699216411 njpg?oh-10929b5410923caa649b63fe61573037&oe-59D8cB07;
Explanation / Answer
In the present case the three basic elements of contract were not completed in writing ie.1.Offer by Lincoln 2.Acceptance by ABC 3. Consideration.While Lincoln Underground submitted a bid to ABC for $ 100,000 for excavation work, ABC never accepted the offer in writing nor decided any consideration. So, No Contract was ever created between them.So any lawsuit filed by ABC to sue Lincoln underground if it refused to perform the work for original bid price will not succeed as NO contract had been created for Sum of $ 100,000.
