How has contract law been interpreted in the context of tenders in construction contracts?

Alberta, Canada


The following excerpt is from CO West Gypsum & Painting Ltd. v. Apacon Contracting (1981) Ltd., 1992 ABCA 275 (CanLII):

In argument before us and in the trial judgment, there was considerable reference to The Queen v. Ron Engineering (1981) 1981 CanLII 17 (SCC), 119 D.L.R. (3d) 267 (S.C.C.) where Estey J. dealt with contract law in relation to tenders in construction contracts. In particular he spoke in terms of contract A and contract B, as follows: There is no question when one reviews the terms and conditions under which the tender was made that a contract arose upon the submission of a tender between the contractor and the owner whereby the tenderer could not withdraw the tender for a period of 60 days after the date of the opening of the tenders. Later in these reasons this initial contract is referred to as contract 'A' to distinguish it from the construction contract itself which would arise on the acceptance of a tender, and which I refer to as contract 'B'."

Other Questions


How have the courts interpreted the meaning of the word "contract" in the context of an enforceable contract? (Alberta, Canada)
Is a contract enforceable for breach of contract when the contract is not enforceable? (Alberta, Canada)
How have the courts interpreted the meaning of a contract where the contract is expressly or implication forbidden by common or statute law? (Alberta, Canada)
What decisions have been made in the context of a construction contract dispute? (Alberta, Canada)
How have courts interpreted the interpretation of a fire insurance contract? (Alberta, Canada)
How is constructive trust adjudicated in the context of a constructive trust claim? (Alberta, Canada)
In what circumstances will a party be bound by the elements of a contract where the contract is not enforceable when the contract was signed? (Alberta, Canada)
How have the courts interpreted the meaning of the word “right and true” in the context of a contract? (Alberta, Canada)
Does an agent have to be personally liable on a contract where the principal of the contract is not personally liable? (Alberta, Canada)
What is the test for a contract where a party contracts to cut for a quantity of wood and haul and deliver the wood at a time and to a place mentioned? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.