The appellant submitted the lowest bid for a highway widening project but failed to declare the value of imported steel, rendering the bid non-compliant.
The Ministry of Transportation investigated, deemed the bid non-compliant, and awarded the contract to the second-lowest bidder.
The appellant sued for lost profits.
The Court of Appeal held that while a Contract A arose upon submission of the bid, the Ministry acted reasonably in refusing to waive the non-compliance.
Furthermore, an exculpatory clause in the tender documents barred the appellant's claim for damages arising from the non-acceptance of its bid.
The appeal was dismissed.
