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Strata Alert: Think twice and seek legal advice before accepting a defective tender bid (BC)

/ Owner - June 15, 2018

The recent BC Court of Appeal decision Maglio Installations Ltd v. Castlegar (City), 2018 BCCA 80 is a cautionary tale for any strata corporation putting out a call for tenders.  In that case, the City of Castlegar had issued a call for tenders for the construction of a recreational swimming area. The invitation to tender included a discretion clause (sometimes called a “privilege” clause) allowing the City to reject any or all tenders, to waive defects in any bid, and to accept any offer it considered to be in its best interest. Engineers working with strata corporations usually include such clauses in the bid documents that they prepare for strata corporations.    Read the article……………….

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