Elan Construction Ltd. v. South Fish Creek Recreational Association, (2015) 613 A.R. 140 (QB)
| Judge | Tilleman, J. |
| Court | Court of Queen's Bench of Alberta (Canada) |
| Case Date | May 29, 2015 |
| Citations | (2015), 613 A.R. 140 (QB);2015 ABQB 330 |
Elan Constr. v. South Fish Creek (2015), 613 A.R. 140 (QB)
MLB headnote and full text
Temp. Cite: [2015] A.R. TBEd. JN.016
Elan Construction Ltd. (plaintiff) v. South Fish Creek Recreational Association (defendant)
(1001 13790; 2015 ABQB 330)
Indexed As: Elan Construction Ltd. v. South Fish Creek Recreational Association
Alberta Court of Queen's Bench
Judicial District of Calgary
Tilleman, J.
May 29, 2015.
Summary:
The South Fish Creek Recreational Association (SFCRA) wished to expand its recreational facilities by adding two more ice surfaces to its existing complex. SFCRA solicited tenders for the general contract for the project. Elan Construction Ltd. submitted a bid in response to the SFCRA's tender. Therefore a Contract A as described in Ron Engineering (SCC) was formed. The bids were evaluated using an evaluation matrix that provided for a maximum of 100 points based on four criteria. Eleven bids were received and the contract was awarded to Chandos Construction. Elan commenced an action against SFCRA, alleging a breach of Contract A. A dispute arose over the admissibility of a certain document (i.e., a letter from one of SFCRA's consultants). A voir dire was held.
The Alberta Court of Queen's Bench, in a decision reported (2015), 613 A.R. 135, ruled that the letter was relevant and could be used in questioning the witnesses of the defendant (i.e., SFCRA). The matter proceeded.
The Alberta Court of Queen's Bench held that the SFCRA breached the bid contract with Elan in its evaluation of the bid under the evaluation matrix. The court held that it was a virtual certainty that Elan would have been awarded the general contract had the evaluation been carried out properly. However, the court concluded that Elan's damages were nil because it would have suffered a substantial loss had it been awarded the contract, as evidenced by Chandos' experience. However, in recognition of the fact that SFCRA did breach Contract A, the court awarded nominal damages of $1,000.
Building Contracts - Topic 1301
Tender calls - General - See paragraphs 77 to 86.
Building Contracts - Topic 1385
Tender calls - Breach of tender - Action for breach - General - See paragraphs 87 to 99.
Building Contracts - Topic 1389
Tender calls - Breach of tender - Damages - See paragraphs 100 to 158.
Counsel:
Phillip Carson (Miller Thompson), for the defendant, South Fish Creek Recreational Association;
Todd Kathol (Field Law), for the plaintiff, Elan Construction Ltd.
This matter was heard in Calgary, Alberta, on November 12 to 14, 17, 19 and 25, 2014, and March 2, 6 and 17, 2015, before Tilleman, J., of the Alberta Court of Queen's Bench, who delivered the following decision on May 29, 2015.
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Elan Construction Ltd. v. South Fish Creek Recreational Association, 2016 ABCA 215
...the witnesses of the defendant (i.e., SFCRA). The matter proceeded. The Alberta Court of Queen's Bench, in a decision reported (2015), 613 A.R. 140, held that the SFCRA breached the bid contract with Elan in its evaluation of the bid under the evaluation matrix. The court held that it was a......
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