Attorney
In Florida’s fast-paced construction industry, contractors routinely submit bids for private and public projects with strict deadlines and competitive pricing. But what happens if you realize that your bid contains a critical error—or if circumstances change before the bid is accepted? Can a contractor legally withdraw a construction bid in Florida? The answer depends on the context, the language of the bid, and applicable state laws.
At Boatman Ricci, we assist contractors, developers, and construction firms throughout Naples, Fort Myers, and across Florida in navigating complex bidding issues and disputes. Below, we explore when and how a bid can be withdrawn, the risks involved, and best practices for protecting your business.
Understanding the Nature of Construction Bids
A construction bid is typically an offer to perform a specific scope of work for a specified price and timeline. It becomes legally binding once accepted by the project owner or awarding authority. Whether you can withdraw a bid without penalty depends on when the withdrawal is attempted and whether the bid has already been accepted.
Key Legal Distinction: Public vs. Private Projects
Public Construction Projects
In Florida, public bidding is regulated by statutes and administrative codes designed to ensure fairness and prevent manipulation. Once submitted, a public construction bid is usually irrevocable unless withdrawal is expressly allowed under the bidding documents or state law.
However, Florida courts recognize a narrow exception when a bid is submitted with a material clerical error. In the case of W.R. Townsend Contracting, Inc. v. Jensen Civil Construction, Inc., 728 So. 2d 297 (Fla. 1st DCA 1999), the court upheld the withdrawal of a bid that contained a mathematical error, provided the bidder promptly notified the awarding authority.
To lawfully withdraw a public bid in Florida:
- The bidder must show a material and honest mistake, not a judgment error.
- The mistake must be promptly disclosed, typically before award or opening of the bids.
- Supporting documentation (e.g., worksheets or estimates) should be provided as evidence to substantiate the claim.
- Withdrawal must comply with the terms outlined in the invitation to bid or request for proposals (RFP).
Failing to follow these steps could result in disqualification from future bids, forfeiture of a bid bond, or contractor license repercussions.
Private Construction Projects
Private project bids are generally governed by contract law and the terms of the solicitation. Contractors may withdraw a private bid at any time before acceptance, unless the bid specifies that it will remain open for a particular period or is accompanied by consideration (e.g., a deposit).
Once a bid is accepted, however, it becomes a binding contract offer. Withdrawing at that stage may result in:
- Breach of contract liability
- Loss of business reputation
- Exposure to a lawsuit for damages
When Is Bid Withdrawal Allowed?
You may be able to withdraw a construction bid in Florida if:
- The bid has not yet been accepted.
- The bidding documents allow withdrawal prior to a deadline.
- The bid contains a clear clerical or mathematical error.
- There was no intention to mislead or manipulate the bidding process.
- Withdrawal is prompt and well-documented.
Always check the specific bid instructions and any contractual language related to bid withdrawal, deadlines, and penalties.
What If I Already Won the Bid but Made a Mistake?
If your bid has already been accepted, the situation becomes more difficult. Depending on the circumstances, you may:
- Negotiate with the owner for a contract rescission or modification.
- Demonstrate mutual mistake if the other party should have reasonably known of the error.
- Face enforcement of the contract as written or legal action for default if you walk away.
It’s critical to consult an attorney immediately in these cases to assess your legal position and reduce the risk of litigation or disciplinary action.
Best Practices to Avoid Bid Withdrawal Issues
To protect your company and reputation, consider these proactive measures:
- Double-check all calculations and bid documents before submission.
- Clearly define whether your bid is binding and for how long.
- Train your team on the basics of contracts and the legal significance of bid submissions.
- Include a limited withdrawal clause in your proposal, if possible.
- Work with a construction attorney to review high-value bids or projects with complex scopes.
How Boatman Ricci Can Help
At Boatman Ricci, we understand the pressure contractors face in submitting competitive and accurate construction bids. Whether you’re bidding on a large government contract or a private commercial project, we can help you:
- Review bid documents and terms
- Draft or revise bid proposals
- Respond to bid protests or disputes
- Navigate bid withdrawal procedures
- Defend against breach claims related to withdrawn or erroneous bids
Our team is well-versed in Florida construction law, bringing real-world insight to every case.
Don’t Let a Bid Mistake Turn into a Legal Crisis
If you submitted a bid and now believe you need to withdraw it, don’t make a move without understanding the legal consequences. The wrong step could result in financial penalties, damaged relationships, or long-term harm to your business.
Boatman Ricci is here to guide Florida contractors through tough decisions with practical and strategic legal support. Contact us today to schedule a consultation.