Share on LinkedInShare on LinkedIn

ARTICLE · 26 JULY 2019

A Bidders' Inexcusable Error Does Not Prevent It From Claiming A Higher Price From The Client Requesting The Work

Spiegel Sohmer
Explore more from Spiegel Sohmer

The City of Salaberry-de-Valleyfield retained the services of the engineering firm CIMA to develop plans and specification and grant contracts. CIMA selected the lowest bid

CanadaLitigation, Mediation & Arbitration
Laurent Debrun
Laurent Debrun

Construction N.R.C. inc. vs. Loiselle inc. et al.  2019 QCCS 1440 (The Honourable Chantal Lamarche)

 

The City of Salaberry-de-Valleyfield retained the services of the engineering firm CIMA to develop plans and specification and grant contracts. CIMA selected the lowest bid, that of the Defendant Loiselle. Loiselle therefore won the contract to build Industrial Boulevard as a general contractor. The work included burying conduits used by Hydro-Quebec and Bell to run their cables. 

Loiselle sub-contracts this work to the Plaintiff NRC. A dispute quickly arose as to the interpretation of the specifications with respect to the unit of measure on which the installation price of the conduits is based; the bidder was basing its calculation on linear meters of conduit, whereas the City believed that the price offered in the tender and accepted by the bidder would be per linear meter of duct bank. The difference in price is considerable. The bidder agreed to carry out

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

The Coldcard Exploit: Why Victims May Have Two Routes To Recovery

A five-year-old firmware defect in Coldcard hardware wallets has enabled attackers to systematically drain an estimated $116 million in Bitcoin from over 5,200 victims since July 2026. This unprecedented exploit raises critical questions about manufacturer liability and creates two distinct legal pathways for recovery: blockchain tracing against the perpetrators and potential litigation against Canadian manufacturer Coinkite for product defects that undermined the fundamental security promise of devices mar
CanadaLitigation, Mediation & Arbitration
WeirFoulds LLP
WeirFoulds LLP
Article

Plaintiffs Awarded A Total Of $800,000 In Damages For Defamation (Murdy v. Barrette)

A Canadian court awarded $800,000 in damages to a couple defamed by serious false allegations of sexual assault and criminal misconduct spread through social media. The case examines how factors like the severity of accusations, use of social media platforms, and a defendant's failure to mount a defense can dramatically escalate defamation damages beyond typical awards.
CanadaLitigation, Mediation & Arbitration
Gardiner Roberts LLP
Gardiner Roberts LLP
Article

Ontario’s New AI Rules: What Lawyers And Expert Witnesses Need To Know

Ontario's Rules of Civil Procedure now include strict amendments requiring lawyers and expert witnesses to certify the authenticity of every citation and authority used in court materials. These new anti-hallucination provisions impose significant penalties for presenting AI-generated fabricated authorities, fundamentally shifting accountability for artificial intelligence use in litigation.
CanadaLitigation, Mediation & Arbitration
Soloway Wright
Soloway Wright
Article

Not Beyond Reproach: Alberta Court Confirms Jurisdiction Over Alberta Energy Regulator

The Alberta Court of King's Bench has confirmed its jurisdiction to grant injunctive relief against the Alberta Energy Regulator despite a broadly worded statutory privative clause. This landmark decision, arising from Sumerian Oil & Gas's application to stay a suspension order affecting approximately 900 wells, represents one of the first considerations of the Supreme Court of Canada's recent Democracy Watch ruling and may significantly impact future disputes involving AER orders.
CanadaLitigation, Mediation & Arbitration
MLT Aikins LLP
MLT Aikins LLP