IN THE SUPREME COURT OF NOVA SCOTIA
Citation: Halifax (Regional Municipality) v. England Paving & Contracting Ltd., 2009 NSSC 224
Date: 20090716
Docket: Hfx. No. 312485
Registry: Halifax
Between:
The Halifax Regional Municipality
Applicant
and
England Paving & Contracting Limited
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Walter R.E. Goodfellow
Heard: July 9, 2009
Written
Decision: July 16, 2009
Subject: Construction Contract Tender
Summary: HRM issued a call for tenders for extensive road work. England filed lowest tender at $1,194,333.16. Dexter second lowest at $1,529,082.10 and two further tenders. Following opening of tenders, HRM discovered Schedule of Quantities and Unit Prices was not in the tender documents filed by England. England maintains it did file the Schedule. HRM applies for declaration that tender substantially complaint but continues denial of receipt of Schedule.
Issues: (1) Has England established on a balance of probabilities that it filed with its tender the Schedule of Quantities and Unit Prices?
(2) If not, was there substantial compliance?
(3) England failed to “insert” addendum into contract binder. Compliance?
(4) England whited a change in total tender price, but failed to initial it. Compliance?
Result: Issue (1): Finding of fact that England failed to establish Schedule of Quantities and Unit Prices filed with tender.
Issue (2): Unit prices in a unit price contract as opposed to a fixed price contract a fundamental term and failure renders tender non-compliant.
Issue (3): Failure to “insert” into bound binder far too technical and of no merit.
Issue (4): Failure to initial whited amount of tender might have been fatal had it not been for the fact the same amount appeared on more than one portion of the tender and no doubt as to the total tender price for the estimated work.
Outcome: HRM’s application for a declaration tender compliant dismissed.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.