NECI legal education & contract management training

National Education Consulting Inc.

Back Issues Index

NECI has been publishing The Legal Edge since 1994. During that time, we've kept track of the trends in contract management, and reviewed every leading court decision that could affect your tenders, RFPs and contracts. We've passed on tips from our work with leading public and private sector organizations across Canada.

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2006

Issue 70 – December 2006 - January 2007

Supreme Court Split Over Tender Compliance
Can the Courts Review an RFP Cancellation?
Why Not P3? Here Are a Few Reasons
Public-Private Partnerships, Told From Experience
Damage Award Upheld for Contract Management Failures
Answer to You be the Judge: A Complaint by Canyon Contracting
Can You Change Tender Specs After a Contract Award? – You be the Judge

Issue 69 – November 2006

B.C.-Alberta Agreement Goes Beyond AIT
How Many Mandatories Do You Really Need?
Contract Disputes and Saying “Sorry”
Ottawa Bungles $400 Million Moving Contract – Twice
Senior Executives Must Know Risks of Sole Sourcing
Answer to You be the Judge: A Complaint by C2 Logistics Inc.
Short Bidding Periods, Repeat Tenders and the AIT – You be the Judge

Issue 68 – September - October 2006

Grammatical Error in Contract Costs Rogers $2 Million
Five Best Ways to Avoid the Most Common Negotiation Mistakes
Incumbent Bidders and Long-Term Contracts: Tantramar Sanitation & Trucking Ltd. v. Sackville (Town), [2006]
Performance Management Key to Outsourcing Success
Landscaping, Low Pricing, and Tender Compliance – You be the Judge
Answer to You be the Judge: Mardave Construction Limited v. York (Regional Municipality)

Issue 67 – June - July 2006 Special Issue

Leadership Challenge in Canadian Procurement
The Business Case for Doing It Right
Smart Leaders Understand Their Procurement Role

Zutphen Bros. Construction v. Nova Scotia, [1993]
Tercon Contractors v. B.C. Ministry of Transportation and Highways, [1993]
Kencor Holdings Ltd. v. Government of Saskatchewan, [1991]
Tarmac Canada v. Hamilton Wentworth Regional Municipality, [1999]

When Leadership Only Walks the Talk

CivicLife.com Inc. v. Canada (Attorney General), [2005]
Enterprise Excellence Corporation and Monte Management Inc. v. Royal Bank of Canada, [2002]

Challenge for Procurement Leaders
Fraud and Cover-ups at Canada’s Largest Municipality
The Bellamy Report: Pitfalls and Best Practices
It’s Not Just Rules: It’s the Law

Regina v. Donald James Power, [1993]
The Queen v. Dimitrios Pilarinos and Glen David Clark, [2002]
R. v. Gordon Albert MacEachern, [1999]
R. v. Raymond Garry Reshke, [2004]

Issue 66 – April - May 2006

$3.3 Million in Damages for Changing Criteria in RFEI/RFP Process: Tercon Contractors Ltd. v. British Columbia. [2006]
Market Sounding – A More Powerful RFI?
Negotiating Contracts: The Two Crucial Closing Steps
What is Your Contract Dispute Behaviour Type?
Six Critical Concepts in Managing Public-Sector Purchasing
Answer to You be the Judge: 407 ETR Concession Co. v. Ontario (Registrar of Motor Vehicles)
Can Government Shift its Responsibility to a Contractor? – You be the Judge
Special Insert: Northern Sport Centre/Partnerships BC Market Sounding Document

Issue 65 – February - March 2006

Contracting Risks Under the U.S. Patriot Act
Major Commercial Project Checklist
Negotiating with Big Suppliers
Engineering Firm Found in Breach of Tendering Laws: Stanco Projects Ltd. v. Her Majesty the Queen & Aplin & Martin Consultants Ltd., 2004
Vanoc Forgot to Sign First Contract it Awarded
Subcontractors and Non-Compliant Proposals – You be the Judge
Answer to You be the Judge: Design Services Ltd. v. Canada, [2005]

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2005

Issue 64 - December 2005 - January 2006

Alternative Dispute Resolution in Contracting
Canadian Price-Fixing Scheme Brings Record Fines
Who's Watching the Tender Evaluation Committee?
Corporate Arbitration Sweeps the Nation
Tender Bids vs. Requests for Proposals: A Decision Model
Answer to You be the Judge
Dexter Construction v. The Attorney General of Nova Scotia
Who Pays for Errors in Contract B - You be the Judge
Dispute Resolution Clause

Issue 63 - October - November 2005

$2.5 Million Awarded for Contract Management Failures
Agenda Control Key in Negotiations
Disclosure of RFP Budget - Three Options
Professional Services Go Out to RFP
B.C. Signs 10-Year Deal for IT Workstations
Answer to You be the Judge
Nandy (c.o.b.) Distributed System Links v. Canada (Attorney General)
Does "Mandatory" Mean No Second Chances? - You be the Judge

Issue 62 - August - September 2005

"Bitter Bidders" Now Tending to Seek Redress
Personal Styles Can Make or Break a Negotiation
Consultant Negligent for Recommending a Non-Compliant Tender
Vancouver's Ethical Purchasing Policy First in Canada
Judge's Order Seen as a Threat to Mediation
Answer to You be the Judge
File No. PR-2003-005, A Complaint by Ready John Inc.
Ready John, 500 Toilets and the CITT - You be the Judge

Issue 61 - June - July 2005

Freedom of Information and Canadian Procurement
Report Card by Province
Getting Information Time-Consuming and Costly
Public Officials Often Wrong on Access Rules
Court Rejects Attack on FOI
The Attorney General of Canada et al. v. The information Commissioner of Canada, 2004
Implications of the Dawson Decision
FOI and Procurement: Case Highlights, 1995 to 2005

Issue 60 - April - May 2005

Agreement on Internal Trade Prohibits Discriminatory Costs
AT&T Canada Corp. File No. PR-2000-024
Know Who You're Dealing With: Ethics Do Matter
"No Contract A" Goes to Court in Ontario
Buttcon Ltd. v. Toronto Electric Commissioners
What is the Agreement on Internal Trade?
Should I Care About the Agreement on Internal Trade?
Bid Errors in a Two-Step Tendering Process
Toronto Transit Commission v. Gottardo Construction Limited et al
Answer to You be the Judge
Calian Technology Ltd. v. Frederickson
Outsourcing Contracts and Employee Raiding - You be the Judge

Issue 59 - February - March 2005

"No Contract A" as a Strategic Business Tool
Negotiations: 'Split the Difference' Means 'Lose the Edge'
Outsourcing Not Robbing Canada of Jobs
Wording of the Privilege Clause Can Affect Contract Award
Graham Industrial Services Lt. v. Greater Vancouver Water District
Kinetic Construction Ltd. v. Comox-Strathcona
Pirated Software Putting Businesses at Risk
Answers to You be the Judge
Rockwood v. Harbour Grace Community Youth Network Inc.
Rockwood v. Eastern Newfoundland and Labrador Regional Health and Community Services Board
Fairness and the Single Bidder - You be the Judge

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2004

Issue 58 - December 2004 - January 2005

Canada's Newest P3 Hospital & Cancer Centre
Knowledge a Key to Overcoming Fear of Negotiations
Audits Find Widespread Lease Abuses: A Lawyer's View of Lease Audits
Negligent Misrepresentation is Alive in Canada: Halifax (Regional Municipality) v. David
E-Mail Used as a Weapon in Court Case
You be the Judge - Handwritten Notes
Does Identical Pricing Amount to Bid-Rigging? - You be the Judge
Answer to You be the Judge: Bison Bus (1985) Ltd. and Sun Valley Tours Ltd.

Issue 57 - October - November 2004

Government Wins Tendering "Compliance" Decision: Winbridge Construction Limited and Defence Construction (1951) Limited
Agents - Learn When to Use Them in Negotiations
A Fairness Checklist From Canada and Australia
Competition Bureau Signs Too Many Deals Without Competing Bids
B.C. Launches First Procurement Certification in Canada
Answer to You be the Judge: Rod Dolmage, plaintiff, and James A. Erskine, Michiel Leenders, The University of Western Ontario and Ivey Management Services
Moral Rights in Your Contracts - You be the Judge

Issue 56 - August - September 2004

Fairness Monitor: A Witness or A Target?
Negotiation Leverage: Understanding and Exercising It is Key
Keeping Legal Advice Confidential
Vendor Complaint Review in B.C.
Competition Bureau Pursues Price-Fixing and Conspiracy Cases
Answer to You be the Judge: Green Country Maintenance Ltd. and Nelia De Castro v. The City of Calgary
Suspension and Refusal of Bids - You be the Judge

Issue 55 - June - July 2004

To Sign or Not to Sign?
Walkouts Present Negotiation Risk
Contract Claims: 10 Reasons They Arise, and 10 Ways to Avoid Them
Inside Abbotsford's Data Room
P3s Get Broader Role in Infrastructure
Answer to You be the Judge: Carrocci v. The Corporation of the Township of McDougall
Bid Deposits and Summer Cottages - You be the Judge

Issue 54 - April - May 2004

Bid Challenges Across the Border
Prepare Yourself to Parry Common Negotiation Ploys
Tips for Spotting a Bid-Rigging Scheme
Consultants Loosen Ties to Billable Hours
Competition Bureau Nets More Price-Fixing Convictions
Answer to You be the Judge: Zalizniak v. Zalizniak
Contract A Hits the Divorce Court - You be the Judge

Issue 53 - February - March 2004

Bidder Can Use "Non-Compliance" to Avoid Liability: Graham Industrial Services Ltd. v. Greater Vancouver Water District
Brainstorming Sessions Build Negotiating Options
B.C. Delivers Major Road as a P3
Supreme Court Rules on Copyright
Seven Key Ways to Communicate Ethics to Suppliers
Answer to You be the Judge: PR-2002-036, A Complaint by Noël Import/Export
Rescue Craft and Mandatory Requirements - You be the Judge
SPECIAL INSERT: Contract Management Bookshelf

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2003

Issue 52 - Dec. 2003 - Jan. 2004

Procurements With No Contract A Obligations
Copyright: Avoiding Liability and Litigation
When Emotions Stop the Talks, It's Time to Stand Back
RFPs With Contract A Obligations: Advantages and Disadvantages
RFPs With No Contract A Obligations: Advantages and Disadvantages
Free Golf Helps Sink Big Contract: Comment by Trade Lawyer Paul M. Lalonde
Answer to You be the Judge: PR-2002-005: A Complaint by SPMgroup Ltd.
Terrorists, Couriers, and Bid Closing - You be the Judge

Issue 51 - October - November 2003
Four Years of RFP Litigation in Canada: 2000 - 2003

Misappropriation of Proposal Idea Leads to $520,000 Award
Limitation of Damages for Breach of Contract A
Dealing with Incumbent Vendors and Transition Costs
RFPs With No Contract A - Case #1
Winning Proposals Now Available to Competitors
Individual Evaluators' Score Sheets - Keep or Destroy?
RFPs With No Contract A - Case #2
Price Must be Scored After Other Criteria
Proposal Evaluations, Familiarity, and Personal Friendships
Lethal Counter-Offers and Failed Negotiations
Proposal Clarification, Bid Repair, or Modification?
RFPs With No Contract A - Case #3
RFPs With Contract A - Mainstream Case Law

Issue 50 - September 2003

The Huge Risks of Cut-and-Paste Tendering: Pyramid Construction v. Grand Falls Golf Club
Group E-Buying Saves Airlines Millions
BC Parks Moves to 10-Year Agreements
Handcuffs are Tightened on Government Evaluators: Zenon Environmental Inc. (Re) [2002] C.I.T.T. No. 87
CIDA Broke Rules with Millions in Contracts
Answer to You be the Judge: Fraser Health Authority v. Hospital Employees' Union
Copyright and Confidentiality in RFPs - You be the Judge

Issue 49 - July - August 2003

Dangers of Subjective Evaluations in Tendering: Air-tite Sheet Metal Ltd. v. Canada
Performance-Based Contracting Guarantees Cost Savings
BC Parks: 27 RFPs, Four Stages, One Web
Canadian Firm Convicted of Bribery in South Africa
Debriefing in the Private Sector
Answer to You be the Judge: Brookfield LePage Johnson Controls v. Canada; High Rise Group Inc. v. Canada
Litigation Over Access to Winning Proposals - You be the Judge

Issue 48 - April - May - June 2003

Courts Cast Chill Over Government Bid Challenges: Attorney General of Canada v. Georgian College of Applied Arts and Technology
Bank of Canada Broke Its Own Rules with Consulting Contracts
Re-Designing Contracting at BC Parks
Human Error Costs Proponent $24-Million on Contract Bids
Getting Results from RFPs and SLAs
Answer to You be the Judge: Borgo Upholstery Ltd. v. Canada
Inspections, Tippy Chairs, and March Madness - You be the Judge

Issue 47 - February - March 2003

Winning Proposals Now Available to Competitors: Promaxis Systems Inc. v. Minister of Public Works and Government Services (Canada); Dagg v. Canada; Merck Frosst Canada Inc. v. Canada (Minister of National Health); Société Gamma Inc. v. Canada (Secretary of State)
Keeping Score: The Dangers of Destroying RFP Work Sheets: PR-2001-040, a Complaint by Hewlett-Packard
Court of Appeal Upholds RFP Damages Clause: Elite Bailiff Services Ltd. v. British Columbia
What Happens When Your P3 Partner Changes Ownership?
Investigations of International Price-Fixing Continue
RFPs for Best-Value Solutions - You be the Judge
Answer to You be the Judge: PR-2000-008 and PR-2000-021, Complaints by Brookfield LePage Johnson Controls

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2002

Issue 46 - Dec. 2002-Jan. 2003

Royal Bank Penalized for Breach of Confidence: Enterprise Excellence Corporation and Monte Management Inc. v. Royal Bank of Canada
Tort Reform in US Overdue
RFP Was a "Beauty Contest" - Not a Tender
Mellco Developments Ltd. v. Portage la Prairie (City)
Tapping Into a Partnership Brings Numerous Benefits
Employee or Independent Contractor?
Answer to you be the Judge: Caldwell & Ross Ltd. v. New Brunswick (Minister of Transportation)
Can you Cancel a Tender or RFP Process? - You be the Judge
Special Insert: Checklist: Employee or Independent Contractor

Issue 45 - November 2002

Disqualification of Bids and Proposals
RFP Process Off-Track Without Public Involvement
The Risks of Innovative Technology and Competitive Contracting
RFPs for Creative Services
Competition Bureau Investigation Leads to Convictions and $4 Million in Fines
Answer to You be the Judge: S.S. Contracting Inc. v. Rural Municipality of Edenwold No. 158 [Sask.]
Bidders, Performance Bonds, and Breach of Contract You be the Judge

Issue 44 - September-October 2002

Contracting Out Ontario's Truck Jails
Public and P3 Prisons Go Head to Head
Simultaneous Negotiations with IT Vendors: Case Assembly Systems Ltd. v. The Dufferin-Peel Roman Catholic Separate School Board
Alberta Civil Servant Faces Fraud Charges
The Pendulum Swings Back to IT Outsourcing
Answer to You be the Judge: Toronto Transit Commission
How Many Ways Can You Breach Contract A? -- You be the Judge

Issue 43 - June-July-August 2002

MERX Contract Extension Over-ruled by CITT
The Seven Strategies of Master Negotiators
RFP Checklists for Proposal Writers and Proponents
Competition Bureau Investigations Bring Charges, Convictions and $1.5 Million Fine
"Electric Dating Service" Builds Critical Mass for RFPs
Answer to You be the Judge: Derby Holdings Ltd. vs. Wright Construction Western Inc.
Non-Compliant Bids in the Private Sector: A Sword or a Shield? -- You be the Judge

Issue 42 - April-May 2002

Draft RFPs and Multiple Contractors
RFPs and Multiple-Stage Evaluations
Supplier Recognition Programs: Getting More Than You Pay For
Bid Clarification or Bid Modification?
Probe to Look Into Government Contracts
Answer to You be the Judge: Newfound Disposal Systems Limited v. Memorial University of Newfoundland
Unit Prices in Tendering -- You be the Judge
Special Insert: Telus Supplier Quality Evaluations

Issue 41 - February-March 2002

Getting Your Lawyers Off the Clock
Top Court Awards Record for Punitive Damages
Whiten v. Pilot Insurance Co.
Coping With FOI Overload
Dangerous Attitudes in Contract Management: Soo Logging Co. Ltd v. Province of B.C. (Ministry of Forests)
Employee or Independent Contractor?
Answer to You be the Judge: Pressure Pipe Line Fabrication Limited v. W&J Construction Limited
Price Quotations in the Private Sector -- You be the Judge

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2001

Issue 40 - December 2001- January 2002

Dealing with Transition Costs in an RFP
Court Dismisses Suit Against Former B.C. Premier by "Disgruntled Bidder"
Prequalification: Building Partnerships
Contracting Out Hits Freedom of Information and Privacy Laws
Anatomy of a Bid-Rigging Conspiracy
Answer to You be the Judge: University of Alberta [2001] A.I.P.C.D. No. 45 (Alberta Information and Privacy Commissioner)
IT Projects, Contracts and Job Offers -- You be the Judge

Issue 39 - November 2001

Mixed-Workforce Strategy Saves Costs
RFPs Without Contract A Obligations
Prequalification: Standing Supplier Lists
Competition Bureau Gets Convictions in Four International Price-Fixing Conspiracies
Best Practices for Major IT Projects
Answer to You be the Judge - Ginnoula Rounis, William Rounis and Jake Kearsley v. The Malaspina Students' Union Society
Bait-and-Switch Tactics in RFPs -- You be the Judge

Issue 38 - September-October 2001

Confidential Supply Contracts At Risk
Audit Finds National Defence Botched P3 Project
RFPs: Lethal Counter-Offers and Failed Negotiations
Prequalification: High-End, Specific Projects - Trillium Health Centre, Ontario
Conduct of RFP Evaluation Team is Open to Scrutiny
Answer to You be the Judge - Richcraft Construction Ltd. v. National Capital Commission
Can a Bidder Get an Injunction to Stop Tendering? -- You be the Judge

Issue 37 - July-August 2001

Tendering Law After M.J.B.: Have Your Employees and Consultants Changed?
$150 Million Federal Contract Fails Audit
"Negotiated" Contracts Must Be Disclosed Under Information Statutes
In Review: The New Public Organization
Bidder Gets Damages for Engineers' Statements
Answers to You be the Judge
Contract Disputes: Your Right of Set-Off -- You be the Judge

Issue 36 - April-May 2001

Performance Evaluations and Liability for Defamation
RFP Evaluations: Do You Have What It Takes?
Province Held Liable for Performance Evaluation
Former B.C. Premier Loses Defamation Suit
New E-Commerce Laws for On-Line Buyers
Civic Officials Escape Personal Liability
Answer to You be the Judge - Parker v. Ontario (Ministry of Transportation and Communications)
Alternate Service Delivery Gets Results
Private-Sector Delivery of Services: Are Revenue Estimates a Promise? -- You be the Judge

Issue 35 - February-March 2001
Special Issue: New Laws In Canada For E-Contracting

What Does the Provincial Legislation Cover?
What Does the Federal Legislation Cover?
How Does the Legislation Change Online Contracting?
Current Canadian Legislative Status
How Does the Legislation Affect Offer, Acceptance and Formation?
Must an E-Contract be in Writing?
How is an E-Contract Signed?
Are E-Contracts "Original" Contracts?
How Does One Identify the Other Party?
How Are E-Contracts Enforceable?
What Terms Should be Included?
Will E-Contracts Meet Document Retention Requirements?

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2000

Issue 34 - December 2000-January 2001

Government Wins Major "Negotiations" Lawsuit
Tendering With a Twist
Intellectual Property Audits: Are Your Assets Covered?
Builder Pleads Guilty to Rigging Hibernia Bid
What Constitutes Conflict of Interest?
Answer to You be the Judge - Sound Contracting Ltd. v. City of Nanaimo
If They Sue, Can You Refuse to Do Business? -- You be the Judge

Issue 33 - November 2000
A Decade of RFP Litigation in Canada, 1990 to 2000

Top Court Deals With "Lowest or Any Proposal" Clauses
Who Can Evaluate a Proposal?
Negotiations with RFP Vendors
Court of Appeal Approves RFP Process
Mandatory Requirements Covered by Ron Engineering Law
Contract A Hits the Private Sector
RFP Proposal Format Not a Trade Secret
RFPs and Breach of Confidentiality
Numerical Grid to Evaluate RFPs is Fair
Duty of Fair Treatment for RFP Proposals
RFPs and Long-Term Contracts
RFP Award Cancelled for Conflict of Interest
Debriefing the Losing Proponents

Issue 32 - September-October 2000

Court of Appeal Says Yes to Past Experience
E-Signature Technology: You Don't Need to Get It On Paper
Outsourcing to Your Customer
Fighting Bid-Rigging With Supplier Certificates
Who Owns Workplace Inventions?
Answer to You Be the Judge: Maritime Excavators (1994) Ltd. v. Nova Scotia
Non-Compliant Bids or Lower Prices? -- You be the Judge
Special Insert - Issue 32: Certificate of Independent Bid Determination

Issue 31 - July-August 2000

Contract A Hits the Private Sector
A Privatization Lesson from National Defence
Court of Appeal Deals With Errors in Tenders
Ontario Unveils E-Biz Act
"Fairness Experts" for the RFP Process
Competition Bureau Announces New Charges and Fines
Answer to You Be the Judge: Stenotran Services v. Public Works and Government Services Canada
Disclosure of Unit Prices to Competitors -- You be the Judge

Issue 30 - April-May 2000

Can You Negotiate with RFP Vendors?
Electronic Contracting and Model Legislation
Benchmarks Tied to Compensation and Incentives
Answer to You Be the Judge: Curwood & Sons Ltd. v. Regional Municipality of Ottawa-Carleton
City Partnership Pays Green Dividends
E-auctions: Where All Bids Are Seen by All Bidders
Do Contract Documents Have to Be Sealed? -- You be the Judge
Special Insert - Issue 30: Facility/Property Management Questionnaire Fall 1999

Issue 29 - February-March 2000

Electronic Contracts Enforced By Court
City Urged to Sue Over Supply Deals
Service-Level Agreements and Financial Incentives
Doing It Right: Notice of Intent to Contract
Purchasing Executive Charged Over Kickbacks
RFP Evaluation: Who Can be Involved? -- You be the Judge
Answer to You be the Judge: Wind Power Inc. v. SaskPower Corp.

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1999

Issue 28 - December 1999-January 2000

Largest Government Outsourcing in Canada
Saskatchewan Pioneers E-Commerce Bill
Failure to Disclose Reasons Leads to Liability - Tarmac Canada Inc. v. Hamilton-Wentworth
Computer Pays Civic Workers $0
Answer to You be the Judge: W.I.B. Construction Ltd. v. School District No. 23 (Central Okanagan) and Fulker Maltby Architects Inc.
Continuous Service Contracts v. Open Competition
Disqualification Based on Personal Experience -- You be the Judge

Issue 27 -- October-November 1999

Risk Management in Major Negotiations
Courts Apply "Smell Test" in Judging Contract Workers as Long-Term Employees
E-Procurement: A Virtual Tour of Canada's Public Sector
Medbuy Pays Annual Dividends to Its Members
Pricing Errors in a Tender Bid - You be the Judge
Answer to You be the Judge: City of Ottawa Non-Profit Housing Corporation v. Canvar Construction (1991) Inc.

Issue 26 -- August-September 1999

Long-Term Contracts for Professional Services
Ottawa to Pay Corel in RFP Dispute
Ontario Renewal Sets CANCOPY Standard
Airports Rise to Privatization Challenge
Outsourcing Boosts Group Purchasing Power
Who Pays for Increased Costs? You be the Judge
Answer to You be the Judge:Snarpen Contracting Ltd. v. Arbutus Bay Estates Ltd.
Special Insert: A Guide to Copying in the Ontario Government

Issue 25 -- May-June 1999

Supreme Court of Canada Awards Damages to Losing Bidder
M.J.B. Enterprises Ltd. v. Defence Construction (1951) Ltd.
Canadian Salt Fined $600,000 Under New WCB Enforcement Push
Incentives Key to Success of 15-year Agreement
Competition Bureau Fines Top $41 Million in Last 12 Months
Ruling Raises Questions About Federal Procurement Processes
Special Insert: The Privilege Clause in Construction Tender Documents -- M.J.B. Enterprises Ltd. v. Defence Construction (1951) Ltd.

Issue 24 -- March-April 1999

Doing It Right: Using Contracts to Avoid Litigation
- Cox Brothers contracting & Assoc. Ltd. v. Big Lakes (Municipal District)
- Shell Canada Products Ltd. v. City of Vancouver
Doing It Right: Getting Quality for Your Money
- Nichols Gravel Limited v. Township of Delhi, David Anderson and Frank Gelinas
Doing It Right: Expert Advice for Business Decisions
- Boss Developments Ltd. v. Quality Air Maintenance Ltd.
Doing It Right: RFP Short List, Evaluation and Award
- Cavendish Promotions Inc. v. Tourism Industry Assn. Of Prince Edward Island
Doing It Right: Privatization Via Competitive Contracting
- Consortium to boost spending on Highway 407
Consultant Charges Unfairness in Public Works' Process

Issue 23 -- January-February 1999

Request for Qualifications or Expressions of Interest?
Prequalification: Asking the Right Questions
Ontario Directs Bidding Traffic on Highway 407
Corporate Photocopying May Infringe Copyright
When Does Tendering Turn Into Price Fixing?
Employees or Independent Contractors? Revenue Canada Helps You Decide
Answer to You be the Judge: ADGA Systems International Ltd. v. Valcom Ltd.
Can You Be Liable for Recruiting New Staff? - You be the Judge
Special Insert:: Dealing with Tough Questions in Contract Management (Dealing Effectively with the Media)

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1998

Issue 22 - November-December 1998

Software RFP Violates "Open Competition" Agreements
Growing Skepticism Surrounds Consulting Industry
$8.27 Million in Additional Fines under the Competition Act
Partnering Under Municipal Legislation: Barrier or Gateway to P3s?
Dr. Hook Meets the Bid-Rigging Police - You Be the Judge
Answer to You Be the Judge - Regina v. Dr. Hook Towing Services Ltd.

Issue 21 - October 1998

Negligence in Contract Negotiations
- Martel Building Limited v. Canada
New Seaway Managers Promise Private-Sector Efficiencies
Pricing Incentives for Service Contracts
Service Manager or Contract Administrator - Which Are You?
Partnership Pays for Hospital Renovations
Termination of a Major Computer Contract - You be the Judge
Answer to You Be the Judge - M.L. Baxter Equipment Ltd. v. Geac Canada Ltd.

Issue 20 - September 1998

Long-Term Contracts and Angry Suppliers
Universities Sell Off the Right to Buy
Competition Bureau Website
Private-Sector Companies and Requests for Quotations
- Forest Contract Management Ltd. v. C & M Elevator
- Frecon Construction Ltd. v. Digirolamo & Son Ltd.
Thinking Small, Tech Hotshots Outgun Rivals
Tenders 30 Seconds Late - Do You Receive or Reject the Bid?
- Bradscot (MCL) Ltd. v. Hamilton-Wentworth Catholic
- S.B. Smith Bros & Wilson (B.C.) Ltd. v. B.C. Hydro
Does Copyright Apply to Your Contracts? You be the Judge
Answer to You be the Judge

Issue 19 - May-June 1998

Scope Changes in Tendering
Design/Build for a City Hall
ADM Fined $16-million in Price-fix Case
Canadian Company Wins "Kickback" Litigation
Debriefing the Unsuccessful Respondent: Tips, Traps & Best Practices
Debriefing the Losing Parties - You be the Judge
Answer to You Be the Judge -- Khoury Real Estate Services v. Canada (PWGSC) [1996] F.C.J. No. T-2050-95

Issue 18 - March-April 1998

Supreme Court to define "The Privilege Clause"
Private Sector Paves Way in N.B.
Public-Private Successes in Chilliwack
Calgary Contracts Out Billing for Utilities
Unsolicited Proposals - A Burden or a Bonus?
Can an Employee Submit a Bid? You be the Judge
Answer to You be the Judge:
- Woodrow Log Scaling Ltd. v. Halls and Russell [1997] B.C.J. No. 140
- Gottcon Contractors Ltd. v. Manzo (1992) 49 C.L.R.234.

Issue 17 - January-February 1998

Subcontractors Successful Against Owners
Partnership Delivers IcePark for Municipality
Largest Facilities Management Outsourcing Contract in Canada
Partnerships for Schools: Two Different Approaches
Four Convicted of Rigging Bids
Computer Contracts and the Year 2000
Bid Rigging or Affiliated Companies? You be the Judge

Special Insert: Computer Law 1-1-2000 -- Legal Strategy and Tactics for the Millennium Date Problem

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1997

Issue 16 - November-December 1997

1997 Design Build Agreement
Sponsorship Agreements Pay Big Dividends
Requesting and Preparing Proposals for Legal Services
Can a Government Employee be Liable?
How to Throw a Knockout Negotiation Punch
RFP Weighting: Secrecy or Disclosure?
Rising Costs Push Companies into Deals with Headhunters
Who has Copyright: Employee, Company or University? You be the Judge
Answer to You Be the Judge: Boudreau vs. Lin

Issue 15 - October 1997

Evaluation of Tender Bids
Developing Internet Policies for a Business: E-mail
Risky Business: Contracting for Software Development
Court Gives Region "Low-Bid" Lesson
Royal Bank Sourcing Cuts out Small Business
Truth or Consequences: Contracting for Computers
Four-Envelope RFP for Highway Maintenance
Border-Crossing for Contractors: Two Approaches
Revenue Loss in Public-Private Partnership
Negotiations with a Sole Bidder - You be the Judge
Answer to You be the Judge - Acme Building v. Newcastle

Issue 14 - June 1997

Contracting Across the Border
Professional Associations Guilty of Anti-competitive Behaviour
Alternative Dispute Resolution in Edmonton City Hall
Pirated Software at the Office
Exclusive Supply Contracts to Boost Revenue
Answer to You Be the Judge
When do Consultants Provide Contract Security?
Bid Deposits and Performance Securities
Damage to Goods in Transit: You be the Judge

Issue 13 - April 1997
Special Update
Highlights of Recent Tendering Litigation
Sixteen legal precedents involving Invitation to Tender from trial and appeal courts across Canada. Topics include the "right to reject" clause, the risk allocation clause, tender negotiations, alternative bidding, and political interference.

Issue 12 - March 1997

RFPs for Public/Private Partnership: Lessons from Highway 407
How to Succeed in Outsourcing
Record Fine Imposed on Individual for Price-fixing
Court of Appeal Says No to Error Correction in Tender Bid
Answer to You be the Judge: Gee v. White Spot Ltd.
How to Negotiate a Severance Package
Services, Goods or Severe Illness: What is It?: You be the Judge

Issue 11 - January 1997

Is a Consultant Personally Liable for Negligence?
Construction Documents: Municipalities Find a Better Way
Cross-border Business: International Copyright Issues
Answer to You be the Judge: Can Am Simulation Ltd. v. Newfoundland
Who Can Use a Consultant's Report?
Hospital Contracts Out Part of Nursing Service
Who Takes the Risk: You, the Architect or the Engineer?
Can a Losing Bidder Recover Pre-qualification Expenses?: You be the Judge

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1996

Special Update - November 1996
Alternative Service Delivery

Downsizing Results in Resource Sharing
Partners in Road Construction
Employee Takeovers keep Parks Afloat
Taking Nathan Phillips Square to Market
Public Institutions See the Light
RFPs come to Ministry of Health
N.B. Turns to Private Sector to Build, Maintain Schools
Partners Paddle into Parks
School Buses to get Advertising

Issue 10 - October 1996

Losing Proponent Gets Damage Award
Copyright Gets Sticky on the Web
Why Care about Conflicts of Interest?
Getting Full Disclosure in Your RFPs
Do you Fight, Walk Away or Try ADR?
Cancelled Contracts Cost Ottawa Millions
A Test for Conflicts of Interest
Answer to You be the Judge: Gotaverken Energy Systems v. Cariboo Pulp and Paper
Imperial Oil Ltd: Corporate Policy for Conflicts of Interest
Negotiating on Your Knees: You be the Judge

Issue 9 - June 1996

Defamation in Business Relationships
Canada's First Asbestos Property Damage Case
Letter from Bear Mountain
Outsourcing and Letters of Credit
Confusion over Base Bids, Equals and Alternatives
How to Separate Proposals from Tenders
Can You Negotiate with the Highest Bidder? You be the Judge
Insert:
- Answer to You be the Judge: Gramac Ventures Ltd. v. City of Fredericton
- What's New in Outsourcing: Look No Further than In-house

Issue 8 - April 1996

Supplier's Negligence Lawsuit is Successful
Electronic Documents: the Importance of Reliable Evidence
Volume Estimates Can Lead to Litigation
Are You Prepared for a Computer Failure?
Canadian Firms Court Disaster in U.S. Judgements
Price Quotations - Offer and Acceptance: You be the Judge
Insert:
- Doing Business with First Nations

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Special Update Spring 1996
Highlights of Recent RFP Litigation in Canada
Nine legal precedents involving Requests for Proposals from trial and appeal courts across Canada. Topics include evaluation scoring, duty of fair and equal treatment, and conflict of interest.

Issue 7 - January 1996

Design/Build Construction: Does it Save Time and Money?
Making Sense out of Contract Securities
RFPs Effective for Cost-sharing Initiatives
Recent Bonding Experiences: Benefits and Limitations
How to Make Outsourcing Work
Negotiations with Bidders and Contractors: Don't Lose Your Contract Security
For Budget Purposes Only: You be the Judge
Record Fine of $2.5 million for Conspiracy Offense
Insert: Answer to You be The Judge - Magical Waters Fountains Ltd. v. City of Sarnia and Brenner

Issue 6 - October 1995

Disqualification of a Tender Bid or Proposal
Copyright on the Job
Quebec Pharmacies and Pharmacists Admit Price-Fixing
Foundation Building West Inc. v. City of Vancouver (Does substantial compliance apply to errors in bidding?)
Software Giants Launch Piracy Suits
Privatization of Prisons Being Considered by Provinces
How to Keep Your Legal Bills Under Control
Can a Losing Proponent Recover Damages?: You be the Judge
Insert: Answer to You be the Judge - Health Care Developers Inc. v. Newfoundland (Dept. of Works, Services and Transportation)

Issue 5 - June 1995

Court of Appeal Upholds "Right to Reject" Clause
You are in a Contract - Even if You Don't Know it
Consultants' Estimates: Are They Legally Binding?
Sample Clauses for Consultants' Estimates
Crafting Effective Software Development Contracts
Information Technology Industry Rife with Disasters
Quotations: Just Information or Binding Offers?
City Utilities Tapping into Private Enterprise
Inserts:
- Time Limits to Warranties -- You be the Judge
- Answer to You be the Judge - Hunter Engineering Co. v. Syncrude Canada Ltd.
- Answer to You be the Judge (Issue 4) - Gauvin Enterprises Ltd. v. Canada

Issue 4 - April 1995

Failure to Disclose Hits Both Ways
Confidentiality Obligations - Buyer beware
Competition Act Also Protects Services
The New CCDC-2 Contract from the Owner's Perspective
Bid-Rigging Cases Before the Courts
New Approach to Publications Saves $1.2 million
Waiver of Contract Rights: You be the Judge #4
Answer to You be the Judge #3 - Techni-Metric Inc. v. Canada (Minister of Supply and Services)

Issue 3 - January 1995

RFPs Pay off for City of Calgary
New Products: Top Ten Tips to Reduce your Risks
EDI or the Highway
Avoiding Legal Potholes along the Information Highway
CCDC-2: Implications for all Contracts
Buying Goods from US Suppliers
Suppliers Battle Sears over Fines
Penalties, Fines and Liquidated Damages
Too Many Contracts: You be the Judge #3
Fax Revisions to Price: answer to You be the Judge #2

Issue 2 - October 1994

The Perils of Alternative Bidding
$1-million Award for Breach of Contract A
Terminating a Computer Contract
Supreme Court Deals with Procurement Discrimination
Hospital Software Violates Copyright
Losing Control of Tender Award
Fax Revisions to Prices: You be the Judge #2
Conflicts of Interest in Tendering: answer to You be the Judge #1 - Martselos Services v. Arctic College
Price-Fixing in Thermal Fax Paper

Issue 1 - Summer 1994

Negotiating with Low Bidders
When Negotiations Mean a Court Battle
Hospitals Suing Gas Firms
Are Engineers Responsible to Contractors? Owner's Liability for Specifications
Competition Bureau Concentrates on Bid Rigging and Conspiracy Prosecutions
Conflicts of Interest in Tendering: You be the Judge

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This page last updated Jan 25, 2008