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Legal Blog:
Mar
01
2006
Tender Breach
In the Design Services case, the question was not “who was responsible for what.” The aggrieved party had never started the work because the owner had wrongfully awarded the contract to a non-compliant tenderer. The general sued and ultimately settled with the owner. However, the rest of the design-build team also sued the owner for their damages. Should they be able to claim their damages directly against the owner when the tender came from the general?
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01
2006
Design-Build
Design-build contracts have become more prevalent in the construction arena. These contracts have good and bad points and have their own legal twists and turns. We will discuss two cases dealing with some of these twists. The first is Coldmatic Refrigeration of Canada Ltd. v. Kenaidan Contracting Ltd., a 2004 Ontario Superior Court of Justice decision; the second is Design Services Ltd. v. The Queen, a 2005 Federal Court Trial Division decision.
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