Clark Wilson



Resource Search


Advanced search

Newsletter Sign Up

Click here to subscribe to our newsletters.

Click here receive this newsletter by RSS.

Newsletter Archive

Click here to see the archive for this newsletter.

Comments & Feedback

We welcome your comments and feedback. Please let us know what you think of this publication by emailing the editor of Construction Law Bulletin Roy Nieuwenburg at ran@cwilson.com.

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.

read full article