Anyone familiar with contracts as relating to construction management? I have a couple questions to answer based on the case provided. CASE: The project bid documents called for the installation of colored concrete in an existing building. Because of the specific design requirements regarding the quality and durability of the color, the design specified that a dye manufactured by "PERFECT COLOR" or an equal to "PERFECT COLOR" shall be used. The concrete subcontractor (Angry Bird Inc [ABI]) had been in the business for 35 years, but had always used a dye manufactured by "PERFECT COLOR PLUS". ABI had submitted to the General Contractor (Elephant Inc [EI]) a bid to use "PERFECT COLOR PLUS". The question then became, who was responsible to pay for the more expensive "PERFECT COLOR" product? BACKGROUND: The process of offer an acceptance had not gone smoothly. Elephant Inc (general contractor) sent to Angry Birds Inc (concrete sub) their standard subcontract with a request for ABI to sign and return. ABI signed and returned the subcontract with two amendments: 1) a note regarding scheduled start and completion. 2) a clarification on the number of meetings they were required to attend during construction. Angry Birds Inc (concrete sub) intended to attach their substitution for "PERFECT COLOR PLUS" but failed to do so. ABI returned the signed agreement to EI and later asked EI to attach their substitution for "PERFECT COLOR PLUS" to the subcontract. EI signed the subcontract and returned it to ABI without attaching the ABI substitution for "PERFECT COLOR PLUS". Nevertheless, ABI started sending submittals to EI as required by the subcontract. QUESTION TO ANSWER: Does a contract exist? If so, when? If not, why? Is there consideration (a benefit and detriment to offerer and offeree)? Explain why or why not. Apply the consideration formula discussed in class. Is the "mirror image rule" applicable? If so, when? the mirror image rule, also referred to as an unequivocal and absolute acceptance requirement states that an offer must be accepted exactly with no modifications. The offeror is the master of one's own offer. An attempt to accept the offer on different terms instead creates a counter-offer, and this constitutes a rejection of the original offer. If there was acceptance by ABI (concrete sub) what caused acceptance? What evidence, if allowed by the court, may help ABI contractors to win their case? Stern related because we all know that cock sucker breached every contract he signed! Oh boy, lets see how this goes....fingers crossed.