Since 1998 the law of bidding and tendering in Canada has been developing. The obligations of a tender authority in the administration of a tender process have become more complex and extensive but, arguably less understood over time. Legal principles in relation to non-compliant bids, mistaken bids and disclosed criteria have altered the way in which those who submit bids, evaluate bids and award contracts must conduct their business. Also, cases addressing the effect of privilege clauses, damage clauses and liability waivers, as well as the law of tendering as it applies to the contractor/subcontractor relationship continue to develop.
I bring my knowledge of this law, and of the tender process itself, to bear in representing my clients. My experience has also resulted in my being asked to prepare and present many papers, speeches and seminars on these issues.
Assisting owners to manage and allocate risk during the tender phase, through tender documents, contract documents and pre-qualification procedures.
Advising owners with respect to contract awards when issues of non-compliance, disclosed criteria or mistaken bids arise.
Advising owners with respect to how they should proceed when only one bid is received or when all bids are over budget.
Advising contractors and subcontractors in relation to bid submissions.
Representing owners, contractors and subcontractors with tender related disputes, including applications and civil actions.
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