1) Examine and provide some analysis for this case in the same way we looked at cases during class discussions.

2) What are the key points supporting each side of it?

3) If you are a professional construction contractor, how will this case change how your company tenders projects, especially when they are for the Department of Public Works?

4) What general area of law is applicable to construction contracts?

you can find this case study on google also

The Tendering Process and the Duty to Be Fair: Martel Building Ltd. v. Canadao The Department of Public Works issued a call for tenders, pursuant to which it did not have to accept the lowest bid. Martel submitted the lowest bid. However, the Department conducted a financial analysis of the bids and added certain costs to Martel's bid. The tender was then awarded to another bidder After reviewing the general principles of the law of tender, the Court stated that a call to tender is an offer to contract and a binding contract may arise when a bid is sub- mitted. The Court held that the parties intended to include an implied term that all bids were to be treated fairly and equally. Pursuant to the call for tenders, which included a "privilege cause," the Department did have some discretion in evaluating the bids. A privilege cause states that the lowest or any tender will not necessarily be accepted) It added fit-up costs leasehold improvements undertaken by a tenant) to all of the bids, using the same approach. This was not a breach of the duty to act fairly. The Department was entitled to add another specific cost to Martel's bid, as this was an express require ment to which all of the bidders had to comply. The Department did, however, breach its duty to treat al bidders fairly and equally, it added this cost only to Martel's bid. As this addition did not cause Martel to lose the tender, Martel's claim for damages was dismissed