R.P. Carbone Constr. Co. v. North Coast Concrete, Inc

In R.P. Carbone Constr. Co. v. North Coast Concrete, Inc. (1993), 88 Ohio App.3d 505, 624 N.E.2d 326, based on negotiations between the plaintiff general contractor and the defendant subcontractor regarding the price and the scope of the work, the trial court concluded that the plaintiff never accepted the subcontractor's original offer, as represented by its bid. Because the promissory estoppel theory binds a subcontractor to perform only when the general contractor accepted the subcontractor's offer within a reasonable time, the Carbone court held that the subcontractor was not required to perform. The requirement of acceptance prevents the injustice that may result where a subcontractor is obligated to perform based on the general contractor's incorporation of the subcontractor's bid into its own bid, but where the general contractor is not obligated to award the job to the subcontractor.