Articles

Claims for Additional Work: the Consequences of Failing to Follow Contractual Requirements

Structural problems were noted in a building in the city of Trois-Rivières belonging to the Corporation d’hébergement du Québec (the “CHQ”) (now known as the Société québécoise des infrastructures) that required remedial work consisting of driving new piles and raising the building. The CHQ issued a call for tenders and eventually awarded the fixed-price construction contract to general contractor Aecon. The latter entered into a subcontract with Consortium Bisson-Prétech (“CBP”) for driving the piles and raising the building. The owner had retained the services of engineering firm CIMA+ to draw up the plans and specifications that were included in the call-for-tender documents.

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Public Contracts: Can my Bid Be Rejected?

Compliance of a bid depends on the compatibility of two sets of documents: the call-for-tender documents and the documents comprising the bid. Two recent cases are indicative of the range of issues our courts are called upon to decide in this area.

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The Supreme Court of Canada’s Decision in CDPJD v. Bombardier

On July 23, 2015, the Supreme Court of Canada rendered a decision involving issues of both discrimination and national security (Quebec (Commission des droits de la personne et des droits de la jeunesse) v. Bombardier Aerospace Training Center, 2015 SCC 39). This decision clarifies the analytical process that a complainant must follow and the evidentiary threshold he or she must meet to prove that the complainant was discriminated against as contemplated by Quebec’s Charter of human rights and freedoms (the “Charter”), despite the evidentiary difficulties entailed by national security measures.

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