Legal Blog

Tender – Fair

LaPrairie Works Inc. v. Ledcor Alberta Limited 2019 Alberta QB

An unsuccessful bidder sued, not the owner, but the successful bidder of a project. The bad sport claimed that there was a contract among the bidders to treat each other fairly during the bid preparation and that the successful bidder breached that contract. The motions judge dismissed the action. All of the various indicia of an alleged contract were merely indicia that the bidders knew that there were rules to the bidding process with which they had to comply or would not be successful. There was never a contract between the bidders.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.