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Bidding and Tendering - What is the Law? 4th Edition

Spend Your Money on Construction, Not Litigation The unique Canadian rules for bidding on construction projects - and just about everything else - have evolved rapidly ever since the Supreme Court of Canadas landmark Ron Engineering decision in 1981. The decision has spawned well over a thousand lawsuits, with plenty more likely. Lawsuits can be ...



Publisher: LexisNexis Canada
Country: Canada
Format: Softcover Book
Publication Language: English
ISBN: 9780433457039
Publication Date: 2009-08-30
 
Price: $105.00
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    Spend Your Money on Construction, Not Litigation

    The unique Canadian rules for bidding on construction projects - and just about everything else - have evolved rapidly ever since the Supreme Court of Canada's landmark Ron Engineering decision in 1981. The decision has spawned well over a thousand lawsuits, with plenty more likely.

    Lawsuits can be very costly for both bidders and owners. Lengthy legal "examinations for discovery" and testimony before judges add painful cost in time to the cost in money. How do you avoid a lawsuit when preparing a call for bids or bidding on a project?

    Bidding and Tendering - What is the Law? 4th Edition will help you learn from the moves and mistakes of others. This edition not only explains the basic legal principles but also fully updates you on changes to construction law since publication of the widely referenced third edition in 2004. Discover the impact of recent cases, as well as selected earlier cases, including:

    • The Supreme Courts 2007 decision in Double N Earthmovers Ltd. v. Edmonton
    • The upcoming Supreme Court decision in Tercon Contractors Ltd. v. British Columbia which may cause as big an upheaval as Ron Engineering

    For each case, Paul Sandori and William Pigott answer these key questions:

    • What did the parties do?
    • Why did they land in court?
    • What was the court's decision?
    • Why did the court make this decision?
    • What lessons does it teach?

    New in This Edition

    • Chapter on how construction owners can use the issue of discretion and omnibus clauses to give themselves more room to maneuver when requesting bids
    • Opening chapter on how bidding functioned before Ron Engineering for legal and historical context
    • Conclusion chapter on the big bang effect of Ron Engineering and suggestions for a less litigious competitive environment
    • Bid compliance and evaluation flowchart showing the path of a bid from the moment of delivery until a contract is awarded or the bids expire or are rejected

    Plus:

    • Straightforward language to ensure that construction industry professionals understand the law
    • Chapter summaries for a quick start and speedy reference
    • Sample bid document clauses and dispute resolution provisions to dampen enthusiasm for litigation

    A Must-Have Guide For

    • Project owners and government agencies who need tips on preparing effective bid documents, assessing bids for compliance, and avoiding litigation
    • Contractors who need to understand compliance/non-compliance, and what the owner's duty of fairness means to contractors
    • Subcontractors and suppliers who need to be aware of how Contract A between themselves and a bidding contractor is different from Contract A between an owner and a contractor
    • Construction lawyers who need current knowledge of case law to advise their clients
    • Architects and engineers who need to know what to include and what to avoid when preparing bid documents, how to advise their clients, and how to use Contract A as a contract

    Chapter 1: Introduction
    Chapter 2: Professional Responsibility
    Chapter 3: Practice Pitfalls
    Chapter 4: Personal Risk Management
    Chapter 5: Business Risk Management
    Chapter 6: Professional Risk Management
    Chapter 7: Risks of the Markets
    Chapter 8: Risks of Taxation
    Chapter 9: Risks of Offshore
    Chapter 10: Risks of Domestic Relationships
    Chapter 11: Risks of Insolvency
    Chapter 12: Risks of Incapacity, Retirement, and Demise
    Appendices

     

    Paul Sandori, Dipl. Ing. Arch., O.A.A., F.R.A.I.C. & William M. Pigott, B.A., LL.B.


    Paul Sandori, Dipl. Ing. Arch., O.A.A., F.R.A.I.C., is Senior Consultant with Revay and Associates Limited, Construction Consultants, and Editor of the Construction Law Letter (LexisNexis Canada). A member of the Ontario Association of Architects and Fellow of the Royal Architectural Institute of Canada, he has practised architecture in Europe and Canada for more than 30 years. Since joining Revay in 1992, he has acted as expert witness, mediator or arbitrator in numerous construction disputes, including bidding and tendering. He is the author of a book on structural mechanics, as well as many articles and papers on technical issues in construction.


    William M. Pigott, B.A., LL.B., is a Partner in the Toronto office of Miller Thomson LLP. His construction practice begins at the “front end” of projects and addresses client needs beginning with the selection of the project execution and procurement models that will best suit the client and the project. Mr. Pigott’s experience runs from bids and requests for proposal to hybrids (a combination RFP/bid) through project execution models including stipulated sum, construction management, cost plus, design build and public private partnerships (in Ontario, alternative financing and procurement) – and variations of these. His work includes the negotiation of contracts with design professionals as well as construction managers.

     

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