In public procurement a temporal separation between award and actual contract allows private entrepreneurs who did not get the award to sue to become contractor. Hence, not only the award-winning entrepreneur, but also the losers will engage in relationship-specific investments. Unfortunately,...

The decision of the Supreme Court of Canada in M.J.B. Enterprises Ltd v. Defence Construction (1951) Ltd. deals with a number of points important to construction contracts and to contract law generally. Defence Construction invited tenders for a construction project at a Canadian Forces base....