Focus On Construction: Liability Of Consultants In Tendering Process

An almost overwhelming amount of Canadian jurisprudence and academic commentary in the past 30 years has canvassed a project owner's duties to bidders during the course of a tender process and the obligations and potential liabilities triggered upon the submission of a tender bid, from the landmark 1981 Supreme Court of Canada decision of R. v. Ron Engineering & Construction (Eastern) Ltd.¹ to the deluge of case law and other analysis that has followed and expanded on it. In comparison, there has been significantly less discussion, both judicial and otherwise, about the duties and liabilities of the consultant in the tendering process, the architect or engineer hired by the owner to prepare tender packages, administer the bidding process and, in some cases, make recommendations to the owner regarding the preferred bidder. However, this relative lack of attention is not an indication that consultants are any less at risk of bearing legal liability for negligent acts or