Breaking Ground: MT Construction Law Western Canada

Photo of a construction site, taken from the ground and facing the sky

April 24, 2018

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Two recent appellate decisions discuss discretion and privilege clauses in a competitive bidding process

Jonathan Martin

The courts of appeal of British Columbia and Alberta have recently released decisions dealing with the effect of discretion and privilege clauses often used by owners in calls for competitive bids.[1] Though privilege clauses and discretion clauses are different, they...

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