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ARTICLE · 16 DECEMBER 2003

Dancing With The Subcontractor You Brought: Undercutting Will Not Be Tolerated

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The issue before the court was whether the bidding process resulted in a contract which obligated Marathon to offer the roofing contract to Dynasty at Dynasty’s bid price absent any other reasonable cause to reject Dynasty as a subcontractor.

CanadaReal Estate and Construction
Howard Wise
Howard Wise
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A. Dynasty Roofing (Windsor) Ltd. v. Marathon Construction Services (1991) Inc.

In the case of A. Dynasty Roofing (Windsor) Ltd. v. Marathon Construction Services (1991) Inc. a decision of the Ontario Superior Court released March 11, 2002, the Court was asked to determine whether the bidding process resulted in a contract which obligated the contractor to offer the subcontract to the lowest bidder at the subcontractor’s bid price absent any other reasonable cause to reject the subcontractor.

The facts in the case are as follows:

  1. The defendant, Marathon Construction Services ("Marathon"), a general contractor, bid on a contract for the construction of an industrial building in January 1999. The plaintiff, A. Dynasty Roofing (Windsor) Ltd. ("Dynasty"), a roofing subcontractor, in response to the defendant’s request prepared and submitted a bid for the roofing component of the industrial building.

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