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Non-conforming Bids: A Valid Means of Avoidance?
Most people involved in construction contract bidding are aware of the Contract A/Contract B obligations created by the Supreme Court of Canada in the Ron Engineering case. These obligations were previously discussed in an article in the March 2002 issue of Construction Law Bulletin entitled "No 'Contract A' if you say so clearly". Please contact us if you would like to get additional copies of this article or you can reference our website at www.cwilson.com/newsletters/construction/clb-mar02.htm#4.
Special BLA Considerations for Subcontractors Supplying Materials
By Amy Mortimore
Under the previous Builders Lien Act, RSBC 1979, c. 40, contractors and subcontractors who supplied material only were separately defined as "material men". In the current Builders Lien Act, S.B.C. 1997, c.45 (the "BLA"), however, there is no longer such a distinction. The definitions of both "contractor" and "subcontractor" include those persons who supply material but do not provide any work to an improvement.
Construction Law Bulletin is produced by the Infrastructure, Construction & Procurement Group at Clark Wilson. The information and links in this bulletin should not be treated by readers as legal advice and ought not be relied upon without further, detailed legal counsel being sought.