United States Third Circuit

In a contract and promissory estoppel case brought by a general contractor against a subcontractor arising from a bid submitted by the subcontractor, dismissal of general contractor's complaint is affirmed where: 1) there was no offer and acceptance for purposes of a breach of contract claim; 2) there was no reasonable reliance established, as the language of a disclaimer used by subcontractor in its bid specifically stating it was not a "firm offer" was plain and had to be enforced, regardless of commercial practice; and 3) plaintiff failed to properly request leave to amend its complaint, and thus there was no error in dismissing the case with prejudice.

Appellate Information

• Decided 04/05/2007
• Published 04/05/2007

Judges

• Before SLOVITER and AMBRO, Circuit Judges POLLAK, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• John A. Greenhall, Esquire, Cohen, Seglias, Pallas, Greenhall & Furman, P.C., Philadelphia, PA, for Appellant.


• For Appellees:
  
• Thomas A. Clark, Esquire, Karen M. Murray, Esquire, Cureton Caplan, Mount Laurel, NJ, for Appellee.