R.J.G. Construction Ltd. v. Newfoundland and Labrador, (2016) 380 Nfld. & P.E.I.R. 338 (NLTD(G))

JudgeAdams, J.
CourtSupreme Court of Newfoundland and Labrador (Canada)
Case DateNovember 23, 2015
JurisdictionNewfoundland and Labrador
Citations(2016), 380 Nfld. & P.E.I.R. 338 (NLTD(G))

RJG Constr. v. Nfld. (2016), 380 Nfld. & P.E.I.R. 338 (NLTD(G));

    1177 A.P.R. 338

MLB headnote and full text

Temp. Cite: [2016] Nfld. & P.E.I.R. TBEd. MR.012

R.J.G. Construction Limited (plaintiff) v. Newfoundland and Labrador (Transportation and Works)

(defendant)

(201401G6582; 2016 NLTD(G) 40)

Indexed As: R.J.G. Construction Ltd. v. Newfoundland and Labrador

Newfoundland and Labrador Supreme Court

Trial Division (General)

Adams, J.

March 2, 2016.

Summary:

The province sought tenders for the construction of a new wharf. The plaintiff's compliant bid was the second lowest. The lowest bidder was awarded the contract. The plaintiff brought an action against the province, claiming that the lowest bid was noncompliant and should not have been accepted.

The Newfoundland and Labrador Supreme Court, Trial Division (General), dismissed the action. The lowest bidder's bid was substantially compliant with the tender call. The alleged defect in the lowest bidder's bid (confirming receipt of two addenda to the tender call by way of email rather than in the Tender Form) was an irregularity only. The defect did not affect the price of the contract, the work to be done, or the ability of the province or its consultant to fairly determine whether the tender call had been complied with.

Contracts - Topic 1267

Formation of contract - Tender calls - Acceptance of tender - The province sought tenders for the construction of a new wharf - The plaintiff's compliant bid was the second lowest - The lowest bidder was awarded the contract - The plaintiff brought an action against the province, claiming that the lowest bid was noncompliant and should not have been accepted - The Newfoundland and Labrador Supreme Court, Trial Division (General), dismissed the action - The lowest bidder's bid was substantially compliant with the tender call - The alleged defect in the lowest bidder's bid (confirming receipt of two addenda to the tender call by way of email rather than in the Tender Form) was an irregularity only - The defect did not affect the price of the contract, the work to be done, or the ability of the province or its consultant to fairly determine whether the tender call had been complied with.

Contracts - Topic 1276

Formation of contract - Tender calls - Breach of tender - General - [See Contracts - Topic 1267 ].

Crown - Topic 1012

Contracts with Crown - General principles - Tenders - Duty of Crown - [See Contracts - Topic 1267 ].

Counsel:

Barry Learmonth, Q.C., for the plaintiff;

Suzanne Orsborn, for the defendant.

This action was heard on November 23, 2015, at St. John's, N.L., before Adams, J., of the Newfoundland and Labrador Supreme Court, Trial Division (General), who delivered the following judgment on March 2, 2016.

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