What is the test for determining whether a bill of quantities published in a construction contract is warranted as accurate by the owner?

British Columbia, Canada


The following excerpt is from K.R.M. Construction Ltd. v. British Columbia Railway Company, 1982 CanLII 488 (BC CA):

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.

Other Questions


What is the test for determining whether a contract is enforceable in circumstances where the contract states that a particular law will govern the contract? (British Columbia, Canada)
What is the legal test for determining whether there has been anordinate delay in determining whether a claim has been successful? (British Columbia, Canada)
What is the test for the construction of a contract where a clause in the contract states that a condition fundamental to the agreement must be met before the contract can be signed? (British Columbia, Canada)
What are the factors used to determine whether a witness is truthful or accurate? (British Columbia, Canada)
What are the relevant factors for determining whether either of two possible jurisdictions would be suitable for the determination of issues raised by the litigation at issue? (British Columbia, Canada)
What factors are considered in determining whether a witness is truthful or accurate? (British Columbia, Canada)
What is the test for determining whether a contract can be specifically performed? (British Columbia, Canada)
What is the test for determining whether a party intended to enter into a contract? (British Columbia, Canada)
What is the test for determining whether a hypothetical or speculative opportunity can be used to determine damages for future loss of earnings as a result of a motor vehicle accident? (British Columbia, Canada)
Can a contract be void from the start if both parties make a mistake in the construction of the contract? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.