The Province Of Ontario V. Ron Engineering

2492 words - 10 pages

The Province of Ontario (hereinafter referred to as “the owner”) required a new water and sewage treatment plant to be constructed; therefore, a call for tenders was sent out. In addition to the estimated budget, the owner’s tender documents required a deposit of $150,000 and stated that the tender deposit could be retained if the tender were to be withdrawn or the contractor refused to execute the construction contract (Hirst, 2009). Ron Engineering (hereinafter referred to as “the contractor”) responded to the call for tender by submitting a $2,748,000 offer along with the required deposit. Unfortunately, they submitted a bid much lower than intended by $750,058 (Ron Engineering v. The Queen, 1979). The contractor communicated the error to the owner after the tenders were already opened and offered a submission of other documents to show the error and also requested to withdraw from the bidding process without being penalized (Baker, 2010). However, the owner continued to seek the contractor’s signature on the contract documents regardless of their error. The contractor refused to sign the contract document. From that point, the owner believed that they were entitled to keep the $150,000 deposit and proceeded to award the contract to a different bidder other than the contractor.
The conflicts arising from this case are the following:
• Was there a contract between the owner and the contractor?
• Was the contract void due to a mistake, or was the contract breached by the contractor?
• Is the owner eligible to recover damages?
• Should the deposit be returned to the contractor or kept by the owner?
The relationships between the involved parties are seen in Figure 2. There was a relationship formed between the owner and the contractor when a tender and deposit was submitted. However, that relationship was severed by the contractor when they decided to not sign further contractual documents with the owner and decided to withdraw their bid. As a result, this decision forced the owner into a new relationship with a different contractor who bid much higher than Ron Engineering.
The obligations for the tendering process are as follows: the owner’s obligation to consider all conforming bids in accordance with the conditions of tender, the owner’s qualified obligation to accept the lowest tender, the mutual obligation of owner and contractor to enter into Contract B, and the bidder’s right to recover any tender deposit if the bid is not accepted (Devonshire, 1998). Prior to the Supreme Court decision, the traditional tendering process was unclear of whether the contractor had a legal obligation to the owner. Traditionally, a bidder was free to withdraw its bid at any time prior to acceptance by the owner because the bid was simply an offer made in response to the owner's invitation to tender. However, the law relating to tenders was changed dramatically from the R. v. Ron Engineering & Construction (Eastern) Ltd. case. The Supreme Court held that...

Find Another Essay On The Province of Ontario v. Ron Engineering

The Failure of Ron Johnson as CEO of J.C. Penney

1778 words - 8 pages Introduction: Brief Professional Biography Ron Johnson was born October 15, 1959, and grew up in Minnesota as the son of an executive of General Mills. He received his Masters of Business Administration from Harvard School of Business and his Bachelor of Arts in Economics from Stanford University. As Vice President of Merchandising at Target, Johnson brought about a more upscale feel to the company with the introduction of new lines to the

Scientology and The Teachings of L. Ron Hubbard

1566 words - 6 pages is not based on conventional church ideals that are more familiar in older more widely known religions such as Christianity or Catholicism. Scientology is the modern religion based on the science fiction novelist L. Ron Hubbard. The goals of the Scientology is not to worship a specified deity but to discover the great question of “What are we put on this planet for?” Scientologists are given several creeds that are the instructions on how a

Ron Kovic's Born On The Fourth Of July

1549 words - 6 pages Kovic's "Born On The Fourth Of July" This was an extremely powerful book. Ron Kovic is very able to get his point accross to the reader. He brings you throughout his life showing you, no. . . showing cannot describe the feeling adequately enough. He puts you into his life, when he goes through the trenches, you go with him. When he hits a home run for little league you can experience, not the joy it brought him at the time, but

"Born On The Fourth Of July" by Ron Kovic

1615 words - 6 pages This was an extremely powerful book. Ron Kovic is very able to get his point accross to the reader. He brings you throughout his life showing you, no. . . showing cannot describe the feeling adequately enough. He puts you into his life, when he goes through the trenches, you go with him. When he hits a home run for little league you can experience, not the joy it brought him at the time, but the pain in remembering that joy now that he can no

Community Living Ontario: Speaking on Behalf of the Intellectually Disabled

573 words - 2 pages Community Living Ontario is an organization that speaks on behalf of the intellectually disabled. They have established one hundred and seventeen local Community Living associations across Ontario and have over twelve thousand members across the province. Community Living encourages people to accept and include the intellectually disabled within the community. This essay will discuss how Community Living Ontario promotes individuals to be

Web-Based UMS for the City of Windsor, Ontario

562 words - 2 pages Using the system design discussed in section 4, two major demands of this web-based UMS for the City of Windsor, Ontario, Canada are satisfied. One is to publish urban data in City of Windsor via the internet to make the public to access them as the classic web-based UMS does. The other one is to enable authorized users, e.g. administrators, to access more advanced operations, such as to manage GIS data via the internet without installation of

Discover The Field of Engineering: Constructional Engineering

1006 words - 5 pages Discover Engineering: Chosen Engineering Discipline What is engineering? Engineering is the study of innovating and problem solving in order to create a better method. What type of work does engineers do? Engineering is a diverse field that can put you in a situation that requires you to know more knowledge and skills than you already have. Stretching all the way from problem solving to working together to create new ideas (2012 Project Lead

The Ethics of Engineering

787 words - 4 pages Ethics refer to those habits or standards that are considered to show good character and conduct. In the professional practice of engineering, engineers are confronted with different ethical issues and interpersonal conflicts. These cases could range from a small scale involving few people to larger conflicts where the outcome influences the engineering community and the society at large. Classically, engineering education does not duly address

The Responsibilities of Engineering

1038 words - 4 pages are partly due to their professional knowledge and skills, and are partly due to their level of responsibility in the respect of the spiritual world. In my opinion, the major responsibilities of engineers lie in service and inventions. First, engineering is a kind of trade of service. Workmen who take it up aim to contribute, to their utmost, their knowledge and skills to their post; manage to transfer their spiritual and intangible storage

The lord of the rings The fellowship of the ring/John Ron Reginald Tolkein book report

979 words - 4 pages The fellowship of the ring/John Ron Reginald TolkeinPublished by unicornThis book contains 512 pagesThis book is part of a trilogy called: LORD OF THE RING" it contains two more books called: THE TWO TOWERS and THE RETURN OF THE KING this is the first book of the cycleThe plot:The story begins with the birthday party of bilbo bagins, an old adventurer and a hobbit (a small and stout nation of peaceful demi humans). Bilbo decided to leave his

The Architectural Design and Significance of The New Art Gallery of Ontario

1002 words - 5 pages Gallery of Ontario (AGO). This is a place located at the shores of Lake Ontario, Canada. Art Gallery of Ontario (AGO) is a museum which was founded in 1900 by a group of private citizens as the Art Gallery of Toronto. It was then renamed the Art Gallery of Ontario in 1966 (Douglas & Mcintyre Ltd. 1996). Significance of AGO. Currently, AGO has the biggest museum in all of North America. It has a vast area with almost 600,000 square feet of space

Similar Essays

The Liquor Control Board Of Ontario Analysis

768 words - 3 pages The Liquor Control Board of Ontario (LCBO) was established in 1927 by Lieutenant Governor William Donald Ross. It maintains the production, distribution and sale of alcoholic beverages in Ontario. It became a Crown corporation in 1975. It operates under the authority of the Liquor Control Act which came into act in 1916. The LCBO is one of the world's largest buyers and retailers of beverage alcohol. Its target customers are particular consumers

Sustainability Of The Intersection In Ontario, Canada

952 words - 4 pages The signalized intersection between Highway 12 and Pine Street in Ontario, Canada has been facing some challenges in its current design. Therefore, future analysis and design of the intersection should incorporate a suitable sustainability indicator to ensure that the intersection remains functional as a long-term solution. Perhaps the most important sustainability indicators for the intersection’s future analysis or evaluation should be traffic

The Igneous Petrology Of The Etendeka Igneous Province

2405 words - 10 pages The Parana’- Etendeka flood basalt province is kown as one of the largest continetal igneous province with a volume of about 1 x 106 km (Jerram et al., 1999) The Etendeka Igneous Province located in Namibia forms in the Eastern parts of the Parana’-Etendeke flood basalt province and represnts less than 10% of the Parana’- Etendeka with approximatly 800 000 km2. (Ewart et al ,1998). Althouth, it only covers a very small proportion, it preseves

Harbin: The Capital Of Heilogjang Province In Horthestern China

995 words - 4 pages Harbin Harbin is the capital and biggest city of Heilongjiang province in Northeastern China. Historically, it has played a major role in the trade between China and neighboring Russia. The city’s strategic location and abundant resources has made it the administrative, economic, industrial, cultural, educational and transportation center of Northeastern China. Covering an area of 53,796 square kilometres, Harbin lies along the Songhua River