New Trains Fail to Meet Accessibility Standards

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. In its December 2018 final report, the New Generation Rollingstock Train, the Commission of Inquiry found that the Queensland government [...]

Missing Serial Comma Kills Clarity in $5 Million Claim

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. In its March 2017 decision in O’Connor v. Dairy Farmers of America, Inc., the United States Court of Appeals – [...]

Auditor Slams Poor Performance Management

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. In its 2016 annual report findings entitled Metrolinx—Public Transit Construction Contract Awarding and Oversight, the Auditor General of Ontario found [...]

Ambiguous Numbering Leads to Compliance Dispute

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. In its February 2014 decision in Newfoundland and Labrador v. Marine Contractors Ltd., the Newfoundland and Labrador Supreme Court determined [...]

Municipality Liable for Consultant’s Drafting Error

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. In its March 2012 decision in Moorefield Excavating Ltd. v. Arran-Elderslie (Municipality), the Ontario Superior Court of Justice rejected a [...]

Comptroller Cracks Down on Evaluation Flaws

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. The Office of the New York State Comptroller has a well-established track record of regulating the evaluation and award decisions [...]

Use of And/Or Leads to Legal Liability

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. In its February 2009 determination in Re MTS Allstream Inc., the Canadian International Trade Tribunal awarded lost profit damages to [...]

Interpretation Lost in Translation

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. In its July 2008 determination in 144314 Canada Inc./Nexys v. Department of Human Resources and Social Development, the Canadian International [...]

Court Upholds Right to Cancel Flawed Process

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. In its November 2003 decision in Royal Concrete Concepts, Inc. v. Broward County School Board, the Florida Division of Administrative [...]

Dispute Over i.e.: An Example of Uncertainty

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. The October 2002 determination of the Canadian International Trade Tribunal in Re Zenon Environmental Inc. considered an interpretive dispute over [...]