The Supreme Court of Canada has dismissed a BC contractor’s appeal relating to the use of “reprisal clauses” in muncicipal procurement policies, effectively legalizing the practice across the country.

Contractor J. Cote & Son Excavating had tried to get the courts to overturn a clause in tender documents used by the City of Burnaby, which stated that the city would not accept tenders from any party that is, or has been within the last two years, involved in legal proceedings initiated against Burnaby arising out of a contract for works or services.


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Canadian Design and Construction Report