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BIDDING PROCESS - Invitation to tender or bid - Tender contract - Discretion not to award

Tuesday, March 27, 2018 @ 8:42 AM  

Appeal by the City of Castlegar from a judgment made in the plaintiff’s favour in a breach of contract action. The dispute concerned the City’s invitation to tender bids for a construction project. The tender documents required the successful bidder to submit a preliminary construction schedule (PCS), which the successful bidder did not do. The plaintiff’s bid had been fully compliant. The judge found that the City breached a contract with the plaintiff in accepting the materially non-compliant bid. At issue on appeal was whether the...