ContractsProf Blog

Editor: D. A. Jeremy Telman
Valparaiso Univ. Law School

A Member of the Law Professor Blogs Network

Friday, May 5, 2006

Treating Bidders Fairly

Ontario_flag_3 Where an owner puts a construction job out for bid, can it decide to make the final award on criteria other than those specified?  Not in Ontario, apparently.

The case of Southside Construction (London) Limited v. 734133 Ontario Limited, 45 C.L.R. (3d) 237 (Ont. Super. Ct. 2005), involved an owner who put a job out for bid but failed to specify a preference for local, unionized contractors.  The Ontario Superior Court held that the owner violated its obligation to treat all bidders fairly when it chose a higher bidder on the ground that it was local and union, even though the owner had included a clause specifically reserving the right to make award to other than the lowest bidder.  Kenneth Crofoot of Toronto‚Äôs Goodmans LLP has a brief rundown of the decision here.

[Frank Snyder]

http://lawprofessors.typepad.com/contractsprof_blog/2006/05/treating_bidder.html

Commentary, Recent Cases | Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef00d83561661769e2

Listed below are links to weblogs that reference Treating Bidders Fairly: