Does the tendering process create a contractual relationship between the owner and the general contractor?
Ontario, Canada
The following excerpt is from Southside Construction (London) Ltd. v. 734133 Ontario Ltd., 2005 CanLII 25120 (ON SC):
Both parties acknowledge that the tendering process creates a contractual relationship between the general contractor and owner: see The Queen in right of Ontario v. Ron Engineering and Construction (Eastern) Ltd., 1981 CanLII 17 (SCC), [1981] 1 S.C.R. 111. They disagree, however, on whether that contract was breached and, if so, the proper award of damages.
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