This is one of the first cases to address issues arising in the context of an electronic tendering process in Canada. Contractors and owners, alike, should, in determining bid compliance, take note of this decision and the Ontario Court of Appeal’s emphasis on the importance of the bid closing deadline, and the specific provisions in an owner’s tender instructions.

type Construction Law News – July 2009 – Late Bid Not Compliant With Electronic Tender Call - Coco Paving (1990) v. Ontario (Transportation) (2009 Ont. C. of A.)