The
Queen (Ont.) v. Ron Engineering
Tender docs themselves constitute an offer. The contract
created by the submission of the tender is what is (now
Known) as contract A. The contract entered into with the
successful participant is (what is now known) as contract
B
M.J.B.
Enterprises Ltd. v. Defence Construction
An owner is under an obligation to treat tenders fairly,
regardless of whether or not there is a privilege clause,
ie ("the lowest or any tender will not necessariy be accepted")
Naylor
Group Inc. v. Ellis-Don Construction Ltd
when using Bid depository, if a contractor uses a subcontractors
bid in his tender to the owner, he is obliged to use that
subcontractor for the works. Unless he has a "resonable
objection" for not doing so