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Legal Blog:
May
01
2000
Tender
The tender cases keep on coming. The latest case warms the cockles of our hearts for reasons that will become apparent. It is the 1997 decision of the Ontario Court (General Division) in George Wimpey Canada Limited v. The Regional Municipality of Hamilton Wentworth.
Continue Reading >May
01
2000
Interest Percentage
We imagine that, on many occasions, you have seen an invoice that contains, usually at the bottom and in fine print, words like these: “The balance due must be paid in 15 days, otherwise it bears interest at 2% per month.” You might even use this wording on your own invoices. You figure that these words mean that you take the balance every month, multiply by 2%, and keep adding the interest to the balance. You figure that this is equivalent to 24% interest per year. You figure that this is a great incentive for the debtor to pay. You figure wrong.
Continue Reading >May
01
2000
Bid Shopping
Bid shopping occurs when a contractor obtains a price from a sub and then uses that price as a bargaining chip to bargain with other subs. Does it also occur when a general goes back to a sub, or a sub goes back to a subsub, and asks for a price revision? This question was answered in the case of Western Plumbing and Heating Ltd. v. Industrial Boiler-Tech Inc., a 1999 decision of the New Brunswick Supreme Court.
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