Case Summary

The applicant submitted the lowest bid for a municipal sewer and watermain project. The City initially found the bid compliant but later disqualified it, concluding the applicant lacked the requisite corporate experience because its personnel's experience was gained at a different company. The City then cancelled and reissued the tender. The court found the applicant's bid was compliant, a Contract A was formed, and the City breached the contract by arbitrarily interpreting the experience requirements and cancelling the tender without a valid basis. The court requested further submissions on the enforceability of a limitation of liability clause.