CSLB Contractor's Law & Business Practice Exam

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What should a contractor do if they inadvertently left out part of a job in their bid?

  1. Negotiate the excluded work with the owner

  2. Revise the bid to include the omitted work

  3. Execute the work as per the accepted bid

  4. Withdraw from the contract

The correct answer is: Execute the work as per the accepted bid

The correct response emphasizes the contractor's obligation to complete the work as per the terms of the accepted bid, regardless of any inadvertent omissions in the bid. This principle is founded on the legal concept of a contract, where a bid constitutes an offer that, once accepted, creates an enforceable agreement. In the construction industry, it is vital that contractors ensure their bids are comprehensive and accurate before submission. If a contractor discovers that they have inadvertently left out part of a job after the bid has been accepted, they are typically required to adhere to the contract as it stands. This protects the interests of both the contractors and the clients, ensuring that the client receives the full scope of work agreed upon and that the contractor fulfills their legal obligations. While negotiating with the owner to address the omitted work or revising the bid could seem like possible options, those actions could lead to disputes or undermine the integrity of the contracting process. Similarly, withdrawing from the contract may damage the contractor's reputation and lead to legal repercussions. Therefore, executing the work as per the accepted bid not only follows standard industry practice but also upholds the principles of contractual obligation.