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CITY OF FLORENCE v. POWDER HORN CONSTRUCTORS

No. 83CA0690.

716 P.2d 143 (1985)

CITY OF FLORENCE, a Colorado municipal corporation, Plaintiff-Appellee, v. POWDER HORN CONSTRUCTORS, INC., a Colorado corporation, and St. Paul Fire and Marine Insurance Company, a Minnesota corporation, Defendants-Appellants.

Colorado Court of Appeals, Div. I.

Rehearing Denied November 21, 1985.

Certiorari Granted March 17, 1986.

Attorney(s) appearing for the Case

Law Office of Robert F.T. Krassa, P.C., Robert F.T. Krassa, Pueblo, for plaintiff-appellee.

Conover, McClearn & Heppenstall, P.C., Hugh J. McClearn, Catherine A. Lemon, Denver, for defendants-appellants.

Gorsuch, Kirgis, Campbell, Walker & Grover, Charles E. Grover, Dan S. Cross, Denver, for amicus curiae Colorado Contractors Ass'n, Inc.

Certiorari Granted (Powder Horn) March 17, 1986.

BABCOCK, Judge.

On this issue of first impression in Colorado, we must decide whether a contractor may be relieved of its bid on a public construction project where the bid is the product of a clerical error and the public authority is notified of the error prior to the award of the contract. We hold that relief from a bid is possible, but that the contractor bears the burden of proving by a preponderance of...

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