Tendering Update 2024

Course Chair
David A. Garner — Alexander Holburn Beaudin + Lang LLP, Vancouver

About the Course Chair
David Garner is a Partner and a member of the firm's Business Disputes, Construction + Engineering, Environmental, Health, Insolvency + Restructuring, Insurance and Maritime Practices. Mr. Garner recently completed a six and a half year term as the firm's Managing Partner.

David Garner's practice is primarily litigation based with a considerable emphasis on alternate dispute resolution solutions including negotiation of settlements, releases and covenants, as well as standstill, tolling and related agreements. Mr. Garner has represented a diverse range of clients in commercial, professional and insurance-related litigation at all levels of court in BC as well as in the Yukon and Alberta.

Mr. Garner has significant experience in Alternative Dispute Resolution. He has taken mediation training and is regularly involved in mediated settlements and negotiations, with many cases involving multi-party actions.

He is particularly well-versed in construction disputes and related insurance coverage issues as well litigation and arbitration arising from those matters.

Within his professional liability practice, he has represented the interests of architects, engineers, realtors, underwriters, lawyers, surveyors, financial advisors, accountants, trustees and receivers in litigation arising directly out of professional activities or specific transactions. He has been an active writer and presenter for CLEBC and to many clients on a variety of topics.

Faculty
Tyler S. Galbraith — Jenkins Marzban Logan LLP, Vancouver
Christopher E. Hirst — Alexander Holburn Beaudin + Lang LLP, Vancouver
Seema Lal — Singleton Urquhart Reynolds Vogel LLP, Vancouver
J. Marc MacEwing — Clyde & Co. Canada LLP, Vancouver
Karen Martin, KC — Dentons Canada LLP, Vancouver
Claire O’Neill — Dentons Canada LLP, Vancouver
Sonia M. Sahota, PEng — Civic Legal LLP, Vancouver

Click here for full faculty bios

• the law before the Ron Engineering decision
• the Contract A and Contract B analysis
• privilege clauses
• the "nuanced" view of costs
• bid shopping
• RFP v. tender
• damages

• review of recent tendering law cases and what they mean for your practice

• what is a privilege clause
  • privilege clause
  • discretion clause
  • exclusion or limitation of liability clause
  • negotiation clause
• how are privilege clauses interpreted
• examples of privilege clauses from recent instructions to bidders
• recent cases interpreting privilege clauses

• treaty update
• crafting a de-risked process—things to consider
• you get what you ask for—get creative in your approach using collaboration and innovation to exceed your objectives
• optimizing your procurement
• 'new' thinking on evaluation

• distinctions between RFP and tender processes
• rules to play by
• fairness, openness, and transparency: what are the legal requirements?
• hybrid processes and creative solutions drafting tips

• what is public procurement?
• what distinguishes public procurement from general procurement?
• how did public procurement develop?
• the role of politics
• recent case law
• trends in public procurement

Karen Martin, KC — Dentons Canada LLP, Vancouver
Claire O’Neill — Dentons Canada LLP, Vancouver

• what is success in procurement?
• common problems in the drafting of procurement-related documents
  • approaches to the procurement process
  • counter-productive tender document "philosophy"
  • necessary vs. unncessary provisions
  • poor drafting
• practice points for procurement documents