Bidding & Tendering

Constantly developing

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.

We bring our knowledge of this law, and of the tender process itself, to bear in representing our clients. Our experience has also resulted in our being asked to prepare and present many papers, speeches and seminars on these issues.

  • Tender phase

    Assisting owners to manage and allocate risk during the tender phase, through tender documents, contract documents and pre-qualification procedures.

  • Contract awards

    Advising owners with respect to contract awards when issues of non-compliance, disclosed criteria or mistaken bids arise.

  • Unexpected bid results

    Advising owners with respect to how they should proceed when only one bid is received or when all bids are over budget.

  • Bid submissions

    Advising contractors and subcontractors in relation to bid submissions.

  • Tender related disputes

    Representing owners, contractors and subcontractors with tender related disputes, including applications and civil actions.

  • Counsel

    Providing counsel to the Ontario Construction Bid Depository, through its Judicial Review Committee.

Other Practices

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Construction Claims

We recognize that construction claims differ from other types of commercial and contract disputes due to the unique nature of the construction industry.

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Litigation & Advocacy

We represent clients at all levels and types of proceedings, including tribunals, mediations, arbitrations, construction lien proceedings, the Superior Court of Justice and the Ontario Court of Appeal

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The Construction Lien Act

The Construction Lien Act establishes a system of lien and holdback rights, as well as trust provisions to provide protection to the individuals who supply services and materials to construction project.

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Contract Drafting & Review

The vast majority of disputes that arise in the construction context can be traced back to the terms and conditions of an underlying construction contract.

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Private Power Projects

Power projects involve complex, integrated agreement structures that have to balance all the elements of an industrial construction project — from project financing through to commissioning and operations.

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Maintenance Contract Issues

Contractors and subcontractors who provide maintenance services are faced with obligations, client relationships and contractual pitfalls which are unique to the work they perform.

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Building Code & Zoning

Recent changes to the Ontario Building Code and the amalgamation of a number of municipalities have changed the way the OBC and zoning processes impact construction on a day-to-day basis.

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Mediation & Arbitration

Mediation/Arbitration, is a process by which parties work to resolve disputes through mediation and arbitration, either with an individual or a panel of individuals who are neutral in position to the matters at issue.

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