You’ve just submitted your bid to the owner and discovered your estimator’s mistake that caused you to bid 10% lower than you otherwise would have. Can you obtain relief or withdraw your bid? In Texas, the answer depends on the type of mistake, when you notified the owner and usually whether the owner has accepted the bid or taken other steps in reliance of your proposal.
The Texas Supreme Court has explained that a bid mistake may be remedied if the mistake: 1) is of so great a consequence that to enforce the contract as made would be unconscionable; 2) relates to a material feature of the contract; 3) must have been made regardless of the exercise of ordinary care; and 4) rescinding the contract would not result in prejudice to the owner except for the loss of the benefit for which it bargained.