When is it acceptable under the trade agreements for a government entity to include trademark or other intellectual-property (IP) descriptors in its technical specifications for a procurement? And what jurisdiction does the Canadian International Trade Tribunal (CITT) hold to review a challenge to a procurement process that is launched by a company that did not participate in the...
read moreTest your understanding on interpreting a clause that gives an owner discretion to compensate contractors for an increase in certain commodityprices, if the price has escalated between when the pricing was submitted in the tender, and when the work is actually performed (and the commodity purchased). Between August and November 2005, Dexter Construction Company Ltd. was the successful bidder on...
read moreCan a subcontracted carrier recover its costs from a buying organization, when there is no contract between the two parties? Test your understanding with the following case involving delivery of several million dollars’ worth of army socks to the Government of Canada. In July 2006, the government contracted with a numbered company operating as Canada One Sourcing for the supply and delivery of...
read moreThose of you who engage outside IT consultants will want to pay particular attention to this interesting case from the Federal Court of Canada. It centres around who owns copyright in several software computing programs developed by a consulting firm and its principals for a client organization. In 1998, a Mr. Chari began developing software named “Petro Dispatch 2000” for use by a company...
read moreWhen both a general contractor and a subcontractor are aware of dangers, who is ultimately liable when the worst happens? Test your knowledge with this recent case from Ontario. On October 21, 2000, a fire broke out at the site of an apartment restoration project in Toronto. It turns out that the fire was caused by the process of torch-cutting holes in shelf angles that were being affixed to a...
read moreTest your understanding of substantial compliance with mandatory requirements, with this recent case from B.C. A British Columbia School District issued a roofing tender in May 2009 which contained the following clause: “A mandatory site tour for general contractors will be held on May 14, 2009 at 8:00 am beginning at South Fort George Family Resource Center located at 1200 LaSalle Avenue and...
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