The Supreme Court of Canada has recently refused leave to appeal in Trevor Nicholas Construction Co. Ltd. v. Canada. In doing so, it has upheld the decisions of the Federal Court Trial Division and Federal Court of Appeal which declined to permit a bidder to rely on after-the-fact information to overturn an invitation to tender. […]
Continue Reading →Supreme Court Denies Leave In Tender Case – Refuses To Re-Write History
Posted by: Construction Law Canada
10
Dec
Does An Interim Lender To A Construction Project Owe A Duty of Care?
Posted by: Construction Law Canada
20
Jun
Construction projects don’t often proceed without a lender. And often there is an interim lender which provides financing pending the advancement of funds by the final lender. In this circumstance, two questions arise: First: Does the interim lender owe a duty of care to the owner or purchaser of the project? Second: If the interim […]
Continue Reading →An Owner Owes No Duty Of Care To A Subcontractor In A Bid Depository System
Posted by: Construction Law Canada
16
Oct
The Newfoundland and Labrador Court of Appeal has recently held that an owner does not owe a duty of care to a subcontractor arising from the normal operation of a bid depository system: Defence Construction (1951) Limited v. Air-Tite Sheet Metal Limited. The Background: The owner, Defence Construction, a wholly owned subsidiary of the government […]
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