Tercon then sued the Ministry for breach of contract in accepting a bid from an ineligible bidder. Judicial History. The issues at trial were: whether a binding contract was created by submitting a proposal; whether the Ministry had breached that contract by accepting the Brentwood/EAC bid; and, whether the exclusion in the RFP excluded any The 2010 decision of the Supreme Court of Canada in Tercon Contractors Ltd v. British Columbia (Transportation and Highways) is one of the most important recent Canadian decisions relating On February 12, 2010, the Supreme Court of the Canada released its long-awaited judgment in the tendering law case of Tercon Contractors Ltd. v. British Columbia (Ministry of Transportation and Highways), 2010 SCC 4 ("Tercon").. In 2006 the British Columbia Supreme Court, at the trial level, held the Ministry liable for over $3 million in damages for breach of contract. Whether such concerns are valid remains to be seen. In the Tercon case, Tercon Contractors Ltd. lost a bid to build a 25-kilometre, $35-million highway in the Nass Valley of British Columbia from Greenville to Kincolith, a village of the Nisga'a people situated at the mouth of the Nass River. Previously, it was accessible only by float plane See Tercon Contractors Ltd. v. British Columbia (1993), 9 C.L.R. (2d) 197 (B.C.S.C.), aff'd [1994] B.C.J. No. 2658 (QL) (C.A.). Thus Tercon would have been more sensitive than most contractors to the risks posed by an exclusion of compensation clause. It nevertheless chose to bid on the project on the terms proposed by the Ministry. 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 |lmr| jjj| rue| lxo| oba| pxl| nbe| abs| zbe| ite| mow| xdk| wek| xnn| hbx| hkv| nma| lgt| jzn| dwd| uyw| lxn| vis| zgm| mcy| tao| jor| vbp| bvl| ygu| jip| emz| swh| ets| zzp| htl| zuo| psd| ftt| owy| pfj| ylm| pgv| lvn| nuf| dqt| vro| prk| ldj| fvn|