Criswell v. Board of Directors of Everett School District No. 24

Citations

• 34 Wash. 420
• 75 P. 984
• 1904 Wash. LEXIS 369

Syllabus

<p>Schools and School Districts — Construction oe Building — • Contracts — Advertising eor Bids — Changes in Contract Without Readyertisement — Discretion oe Board. After a school board has duly advertised for bids' for a the erection of a school house, under Bal. Code, § 2366, it may make alterations in the specifications reducing the cost of the building, making proper deductions on arccount of work eliminated and additions for extras, and thereupon enter into a contract with the lowest bidder, without readvertisement, so long as the general plan of the building remains substantially the same, and the parties act in good faith; and such contract is not ultra vires, since said statute does not require more than to invite competitive bidding, and the terms and conditions of the contract are left entirely to the discretion of the board.</p> <p>Same. When the lowest bid for the construction of a $32,900 school house was decided by the district to be too expensive, and changes were made to conform the basement to a new site, the name of the building changed, and the size slightly reduced, and ornamental features eliminated, reducing the cost $6,230, as estimated by the architects, a contract with the lowest bidder for the erection of the building for $26,670 upon the new site without re-advertising for bids is not ultra vires, as there is no substantial deviation from the original plans.</p> <p>Same — Fraud oe Builder and Architects — Evidence oe — Sufficiency. A finding of the trial court that a contractor and architect were guilty of fraud in suggesting changes in the specifications for a school building is not warranted where the specifications in the main were identical, and a committeé of the board were unable to find any material changes, except such as were agreed to and deduction made therefor.</p> <p>Same — Fraud of Contractor in Securing Contract — Acceptance by School Board After Unauthorized Deviations — Recovery on Quantum Meruit. Where the school district