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ARTICLE · 12 AUGUST 2009

Late Bid Not Compliant With Electronic Tender Call

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This is one of the first cases to address issues arising in the context of an electronic tendering process in Canada. Contractors and owners, alike, should, in determining bid compliance, take note of this decision and the Ontario Court of Appeal’s emphasis on the importance of the bid closing deadline, and the specific provisions in an owner’s tender instructions.

CanadaReal Estate and Construction
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Article by Matthew R. Alter©, Partner
Construction, Engineering, Surety and Fidelity Group

Coco Paving (1990) v. Ontario (Transportation) (2009 Ont. C. of A.)

This is one of the first cases to address issues arising in the context of an electronic tendering process in Canada. Contractors and owners, alike, should, in determining bid compliance, take note of this decision and the Ontario Court of Appeal's emphasis on the importance of the bid closing deadline, and the specific provisions in an owner's tender instructions.

Overview

On June 19, 2009 the Ontario Court of Appeal, on an expedited appeal, overturned a declaratory order by Nolan J. of the Ontario Superior Court of Justice, dated May 19, 2009 (amended May 25th), on the grounds that the lower court judge had misinterpreted the relevant provisions of a Ministry of Transportation for Ontario ("MTO") tender call and had erred in law.

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