Bidding and Tendering – What is the Law? 7th Edition

The unique Canadian rules for bidding on construction projects – and just about everything else – have evolved rapidly ever since the Supreme Court of Canada's landmark Ron Engineering decision in 1981. The decision has spawned well over a thousand lawsuits, with many more likely. Lawsuits can be very costly for both bidders and owners. Lengthy examinations for discovery and testimony before judges can add cost in time to cost in money.

How do you avoid a lawsuit when preparing a call for bids or bidding on a project? Bidding and Tendering – What is the Law? 7th Edition by Paul Sandori, William M. Pigott and Glaholt Bowles LLP analyzes the current state of the law to assist you and your clients through the bidding and tendering process. It will help readers learn what actions to take and what actions to avoid in bidding situations.

The new 7th Edition not only explains the basic legal principles but also fully updates readers on changes to construction law since publication of the sixth edition in 2020. The case summaries in this book supply detailed information on how each dispute arose and developed, not just the legal principles and court outcomes.

What’s New In This Edition

• Summaries of all new cases of note reported in the last five years, including:
  • Triton Hardware Limited v. Torngat Regional Housing Association, [2020] (N.L. Gen. Div.)
  • Stericycle ULC v. HealthPro Procurement Services Inc., [2021] (Ont. C.A.)
  • Rumpel Construction Ltd. v. Western Canadian Construction Company Ltd., [2022] (B.C.S.C.)
  • Redwood Construction Ltd. v. Memorial University of Newfoundland, [2023] (N.L. Gen. Div.)
  • 2708266 Ontario Inc. v. The City of Toronto, [2023] (Ont. S.C.J.)
  • Canada Forgings v. Atomic Energy of Canada Ltd., [2024] (Ont. C.A.)
  • Daniels Sharpsmart Canada Ltd. O/A Daniels Health v. Alberta Health Services, [2024] (Alta. K.B.)

Who Should Read This Book

• Project owners and government agencies who need tips on preparing effective bid documents, assessing bids for compliance, and avoiding litigation
• Contractors who need to understand compliance/non-compliance, and what the owner's duty of fairness means to contractors
• Subcontractors and suppliers who need to be aware of how Contract A between themselves and a bidding contractor is different from Contract A between an owner and a contractor
• Construction lawyers who need knowledge of current case law which may reflect fact situations similar to those they face with a particular dispute
• Architects and engineers who need to know what to include and what to avoid when preparing bid documents, how to advise their clients, and how to use Contract A as a contract

Contributing Editors:
Andrea Lee, Glaholt Bowles LLP
Markus Rotterdam, Glaholt Bowles LLP