Can alternate prices be included in a contract?
Ontario, Canada
The following excerpt is from Finn Way General Contractor Inc. v Red Lake (Municipality), 2015 ONSC 7747 (CanLII):
Section 3.2 of the Price and Payment Procedure provisions of the Tender Documents speaks to alternate prices, but only if they are included in the contract with the successful bidder, i.e. Contract “B” as described in The Queen in Right of Ontario v. Ron Engineering and Construction (Eastern) Ltd., 1981 CanLII 17 (SCC), [1981] 1 S.C.R. 111. The alternate prices were not included in the construction contract between the Municipality and Jones.
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