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Other Cases
Year
Ref
Pratt Contractors Ltd v. Transit New Zealand (New Zealand)
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
[1981]
Chinook Aggregates Ltd. v. Abbotsford (District)
If a Client decides to award the contract based on criteria that is not in the tender docs that they will be in breach of contract
[1989]
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")
[1999]
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
[2001]
http://www.bailii.org/eu/cases/EUECJ/1995/C32493.html

 



 


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