In 2000, N&W Construction prepared to submit a bid to the Mississippi Jobs Corps Center (MJCC) to construct a kitchen and culinary arts building. In order to prepare its bid, N&W had to find a plumbing subcontractor to perform the plumbing work. After several bids from the subcontractors, Hinson quoted $92,000 for the subcontracting job, which was the lowest bid received. The next lowest bid was quoted at $139,000 from Burch Mechanical Inc.
N&W used Hinson’s quote for the plumbing detail in the contractual bid and submitted the bid to MJCC. N&W was then awarded the kitchen contract. Afterwards, N&W informed Hinson that he had been awarded the plumbing contract and was needed to perform the plumbing work when construction began. Hinson refused to do the job. N&W was forced to hire the next lowest bidder at $139,000 with Burch and pay the additional $47,000 to get the work done.
N&W sued Hinson on the grounds on promissory estoppel. The circuit court granted the motion and awarded N&W $47,000 in damages.
Hinson appealed that the circuit court was wrong in awarding the summary judgment in favor of N&W because no contract had been formed between the parties, the elements of promissory estoppel had not been established and the record lacks evidence supporting the elements of a negligent misrepresentation claim.
The judgment of the circuit court of the first judicial district of hinds county was affirmed. The statutory damages and interest were awarded and all costs of the appeal were assessed to Hinson.
The court did not review two of Hinson’s claims because N&W’s motion for summary judgment was based on the theory of promissory