Owners often attempt to increase their flexibility in the tendering process by drafting “discretion” clauses which state that the owner can accept bids that do not comply with the tender documents by waiving the non-compliance. However, the courts have not always enforced these clauses. This has created difficulty for owners who wish to increase their flexibility and avoid potential court claims.
In True Construction Ltd. v. Kamloops (City), 2016 BCCA 173 (B.C.C.A.), the B.C. Court of Appeal provided some clarity on the approach that courts will take to discretion clauses in tendering documents. Continue reading “LPLC Blog Case Summary – True Construction Ltd. v. Kamloops (City), 2016 BCCA 173 (B.C.C.A.)”