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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.

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