On February 12, 2010 the Supreme Court of Canada released its much-anticipated decision in Tercon Contractors Ltd v. British Columbia (Ministry of Transportation and Highways) dealing with the enforceability of exclusion clauses in the tendering and RFP process. The Supreme
Court overturned the British Columbia Court of Appeal decision, striking a blow to the enforceability of broadly worded exclusion clauses, but stopping short of declaring such clauses invalid. This important decision will be of interest to anyone involved in tendering – whether as an owner or as a bidder.
For more information, please download a copy of this client update.