It was the submission of the appellant that the learned trial judge was in error in rejecting the submission of the appellant that the bill of quantities published in construction contracts is not warranted as accurate by the owner. The appellant contended that the law is clear that the owner is not liable in contract for damages sustained by the contractor if the quantities stated in the contract documents turn out to be inaccurate. In particular, reliance was placed upon the decision in J. H. Tremblay v. Greater Winnipeg Water Dist., 1920 CanLII 478 (SCC), [1920] 1 W.W.R. 976, 54 D.L.R. 410 (S.C.C.). The appellant sought to apply the principles discussed in that decision to the representations contained in the pre-tender documents to lead to the conclusion that if the owner is not liable in contract for damages sustained by the contractor if the quantities stated in the contract documents turn out to be inaccurate, it was contrary to reason and logic to hold that the very same contracts could contain a representation as to the accuracy of the stated quantities.
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