Buyer and seller's e-mail exchange was not an enforceable written agreement.Thomas Tripodianos
January 10, 2011 — 374 views
Owner issued a request for proposal ("RFP") to various potential suppliers for the design, manufacture and installation of a geothermal heating system at Owner's New York facility. In response to the RFP, Contractor offered to design, manufacture, inspect, test and install a solar system." Owner informed Contractor of the energy savings it expected to realize at the facility. Contractor represented to Owner that it could design, manufacture, inspect, test and install a solar system that would perform in a superior manner compared to a geothermal system. Contractor also represented several times in writing that it had manufactured several solar systems of the size and type contained in Owner's RFP.