The Quebec Superior Court has expanded on work providers’ obligation to inform bidders in the context of a call for tenders. In Construction BSL inc. c. Ste-Agathe-de-Lotbinière (Municipalité de), (French only) the municipality issued a call for tenders for the construction of a water reservoir without obtaining the appropriate approval from the provincial Department of the Environment and, importantly, without disclosing this fact to the bidders. Approval was eventually obtained, but the project was significantly delayed, which resulted in unforeseen costs for the construction company, which had entered into a fixed priced contract with the city. In its reasons, the Court noted that bidders do not have the luxury of negotiating the terms of a call for tenders and consequently, the work provider is responsible for drafting the documents clearly and not misrepresenting the risks involved. The Court ultimately decided that by not disclosing the situation, the municipality was responsible for the total cost overrun incurred by the successful bidder, despite the fact that the contract was for a fixed price. An appeal is currently pending before the Quebec Court of Appeal.