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ARTICLE · 10 MARCH 2010

Approach RFP, Tender And Procurement Documents With Care

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In Tercon Construction Ltd. v. British Columbia (Ministry of Transportation and Highways), 2010 SCC 4, the Supreme Court of Canada provided an analytical framework for the interpretation of a clause excluding liability in the context of a request for proposals, giving owners cause to carefully consider the drafting of RFP, tender or other procurement documents in the future.

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In Tercon Construction Ltd. v. British Columbia (Ministry of Transportation and Highways), 2010 SCC 4, the Supreme Court of Canada provided an analytical framework for the interpretation of a clause excluding liability in the context of a request for proposals, giving owners cause to carefully consider the drafting of RFP, tender or other procurement documents in the future.

The decision concerned a 2001 RFP by the Ministry of Transportation and Highways of British Columbia to build a $35-million highway. Under the terms of the RFP, only six bidders were eligible to submit a proposal. These eligible bidders included Tercon Contractors Ltd., the appellant, and Brentwood Enterprises Ltd., both of which were selected as short-listed proponents.

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