Recent Cases Show a Rise in Procedural Remedies

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 rule-of-law jurisdictions, losing bidders can bring bid protest challenges against government institutions and seek procedural remedies that can [...]

Blank Line Item Leads to Non-Compliance

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 May 2018 decision in Coady Construction & Excavating Limited v. Town of Conception Bay South, the Supreme Court [...]

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 [...]

Low Bidder Forfeits Bid Bond After Failing to Close

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 June 1997 decision in City of Wildwood v. Gibbs & Register Inc., the Florida Fifth District Court of [...]

Court of Appeal Rejects 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. In its September 1990 decision in City of Cape Coral v. Water Services of America, Inc., the Florida Third District [...]