Handle Construction Company, Incorporated, Appellant v. Norcon, Incorporated, Appellee

Summary

The court affirmed partial summary judgment for Norcon on Handle's claims arising from an underbid for concrete work. Handle waived its implied-warranty argument by failing to include the plans in the appellate record, and that theory was also inapplicable because the design was feasible and the work was completed as specified. The court held that Handle made a unilateral mistake, bore the risk because of its incomplete review of the bidding materials, and could not require Norcon to inquire into the unusually low bid.