Saturday, July 30, 2016

Weitz Co., LLC v. Hands, Inc., Nebraska Supreme Court: the court enforced H&S’s bid under promissory estoppel, awarding Weitz damages of $292,492.



Weitz Co., LLC v. Hands, Inc.


Court: Nebraska Supreme Court Citation: 294 Neb. 215

Opinion Date: July 22, 2016


Areas of Law: Construction Law, Contracts


The Weitz Company, LLC, a general contractor, submitted a bid on a planned nursing facility. Weitz’s bid incorporated the amount of a bid submitted to Weitz by H&S Plumbing and Heating for the plumbing work and the heating, ventilation, and air conditioning parts of the job. 


The project owner awarded the project to Weitz, but H&S reneged on its bid. Weitz used other subcontractors to complete the project at greater expense. Weitz later sued H&S, claiming breach of contract and promissory estoppel. The court determined that the parties had not formed a contract but enforced H&S’s bid under promissory estoppel, awarding Weitz damages of $292,492. 

The Supreme Court affirmed the judgment and the amount of damages, holding that the district court did not err by entering a judgment for Weitz on its promissory estoppel claim and correctly measured Weitz’s damages.