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A contractor submitted a written bid of $82,000 for a school renovation. The next lowest bid was $124,000. The school board's purchasing officer noticed that the contractor's bid appeared to omit the HVAC line item shown on every other bid, but accepted the bid before asking any questions. The contractor discovered the clerical error the next morning and promptly sought to avoid the contract.
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The contractor may avoid automatically because any low bid is void. The contractor may avoid only if the owner expressly promised not to accept low bids. The contractor may avoid only if the owner also made the same arithmetic error. The contractor may have a unilateral-mistake defense if enforcement would be unconscionable or the owner had reason to know of the clerical error.

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