The third party consultant brought a motion for summary judgment to dismiss the plaintiff's claim against the defendant municipality arising from a public tender process.
The tender documents contained a discrepancy regarding the closing time (1:00 p.m. vs 2:00 p.m.).
The court found that an addendum issued during the process did not resolve the discrepancy, meaning the 'Order of Precedence' clause applied, establishing the closing time as 1:00 p.m.
The court held that the municipality breached Contract A by accepting a competing bid submitted after 1:00 p.m.
The motion for summary judgment was dismissed, and the action was ordered to proceed to trial on damages.
