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Post-closing negotiations

When and how? - Part 1

by CHAMBERLAND D
Post-closing negotiations
Published in June 2011 - Page 35

One of the most-commonly asked questions in procurement transactions is: how much flexibility is there legally to negotiate after the closing of the bids? The question hangs in the shadow of the Supreme Court of Canada’s decisions in R. (Ont.) v Ron Engineering and Construction (Eastern) Ltd., which ushered in the Contract A/Contract B analysis, and M.J.B. Enterprises Ltd. v. Defence Construction, where the court explained that the bidding process substitutes competition for negotiation. To

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