Category Archives: Contract Terms

Privilege Clauses and Dalcon Enterprises

I recently commented on Russell (Township) v. Dalcon Enterprises Inc., [2009] O.J. No. 2560 (Ont. S.C.J.) (“Dalcon“), and I indicated that the owner township had every right to exercise a contractual provision giving it “discretion” to award the contract to a bidder other than the lowest bidder. And it did. But I should [...]
Posted in Contract Terms | Tagged | Comments closed

Russell (Township) v. Dalcon Enterprises Inc.

Public sector owners like federal and provincial departments and large municpalities often have no qualms about throwing their weight around in the event of a contractual dispute. For that matter even smaller municipalities often have no reservations about getting into a racket with a contractor depending on the collective personality of their public officials. [...]
Also posted in Breach by Owner, Compliance with Tender Terms | Tagged , | Comments closed
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