Overbudget Bids Trigger Bid-Shopping Battles

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. A close reading of Canadian case law reveals that there is no risk-free exit strategy when bids come in overbudget [...]

Compliance Issues Trigger Lost Profit Claims

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. The Canadian courts have imposed a strict regime on purchasing institutions that conduct their tendering processes under the Contract A [...]

Contract A Lost Profit Claims: A Global Analysis

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. In most countries, public institutions are subject, to a larger or lesser degree, to bid protest challenges based on statutory [...]

Judicial Review Recognizes Non-Contract A RFP

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 January 2019 decision in Murray Purcha & Son Ltd. v. Barriere (District), the British Columbia Court of Appeal [...]

Court Dismisses $150 Million Claim Against NRFP

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 October 2018 decision in CG Acquisition Inc. v. P1 Consulting Inc., the Ontario Superior Court of Justice summarily [...]

Frontier Justice and the End of Contract A

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. For those still using Contact A tendering formats, the June 2018 Yukon Court of Appeal decision in Mega Reporting Inc. [...]

Case Dismissed After Court Finds No Contract A

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 September 2017 decision in Saskatoon Surgicentre Inc. v. Saskatoon Regional Health Authority, the Saskatchewan Court of Queen’s Bench [...]

Court Recognizes Duty to Retender After Material Omission

By Paul Emanuelli This article is an excerpt from Government Procurement, which is available for purchase. In its June 2017 decision in ASI Group v. Toronto, the Ontario Superior Court of Justice upheld a municipality’s decision to cancel and retender a project. [...]