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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117370
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am a subcontractor - 3rd tier on this project - I signed a

Customer Question

I am a subcontractor - 3rd tier on this project - I signed a contract with a 2nd tier subcontractor for the rebar placement on the project. After signing the contract I found out that the project is a Davis Bacon Project. Obviously my bid is not correct since I did not know it was a prevailing wage job.
I confronted the subcontractor and he is refusing to adjust the bid. He is demanding either I do the job at the contract price or agree to terminate the contract.
Is there any legal action I can take?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If he did not notify you at the time of the bid that this was a prevailing wage job, then there was no meeting of the minds when you entered into the contract based on him not making full disclosure. Since he did not make full disclosure and your bid was based on his misrepresentations, this is grounds for you to terminate the contract and sue him for breach for failure to make a material disclosure to you and as such causing you a loss from terminating the contract because of that non-disclosure.