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February 12, 2010
Supreme Court of Canada Issues Long Awaited Judgment in Tendering Case: Tercon Contractors v. British Columbia
By Glen Boswall
A British Columbia tendering dispute that first went to court in 2006 has finally came to an end this morning. The Supreme Court of Canada ("SCC") has just issued its judgment in Tercon Contractors v. British Columbia. The case was widely seen as a test of whether limitation of liability clauses in a Request for Proposal ("RFP") could ever completely exclude damage claims by frustrated bidders. The SCC concluded that RFP's may have such clauses but ruled the clause in question was not broad enough.
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.