Author: Debby Shapero ProppWhether you are contracting to licence or acquire custom software, hardware, or related services, IT procurement creates unique challenges and is often associated with high costs, complexity, and a relatively high rate of failure. Improperly informed IT decisions can be costly. These challenges can be daunting even to the most seasoned practitioners. […]
When a contract is not performed as promised, the other party may have the right to claim damages for breach of contract. The amount of liquidated damages payable will depend on the terms of the contract and, if the contract is unclear, then on what can be established as ‘reasonable and provable losses’ flowing from […]
My husband, the cook in our household, often speaks of the holy trinity of French cuisine – the mirepoix – a base of sautéed onions, celery and carrots that form the foundation of many French recipes. In contracts, the trinity of risk allocation is the limitation of liability, indemnity and insurance clauses. Together, this trinity […]
In the last issue of The Legal Edge, we reported on the pivotal Supreme Court of Canada decision in Bhasin v. Hrynew, 2014 SCC 71, which expanded the organizing principle of the duty of good faith to include a “duty to act honestly” in general contractual dealings. While acting honestly and making sure that you […]
As procurement professionals know, contractual discretion is a double-edged sword: it leaves you in the driver’s seat, but almost certainly will lead to challenges when that discretion is exercised to the detriment of the other party to the contract. While the Supreme Court of Canada’s decision in Bhasin v Hrynew laid out some organizing principles […]
It would be an understatement to say that the sudden onset of a pandemic has challenged supply chain and procurement organizations across the globe. Aside from securing emergency orders of critical supplies and services, many organizations have had to cope with a rapid move to online sales, planning, sourcing and managing critical contracts and projects, […]