"Recent Tender Law Case Lessons",
Construction Business Magazine, January/February 2011
Date:
March 28 2011
The construction industry is aware that early in 2010, the Supreme Court of Canada released its judgment in Tercon Contractors Ltd. v. British Columbia, a five to four decision that the province could not rely on an exclusion clause in an RFP to avoid liability for what the court found as an egregious breach of Contract A, the contract that arises between a tendering authority and bidder upon submission of a compliant bid.
The Tercon case also made it clear that Contract A obligations may arise in RFPs, depending on their language.
However, since Tercon, other courts have continued to decide tender and RFP cases from which important lessons can be learned about procurement. Some of the lessons are not new, but the fact that tenders continue to spawn regular litigation indicate that a refresher for the industry is warranted. Here are a few more important top tender cases from 2010.
Reprinted with permission from Construction Business Magazine.
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