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Privilege and Reprisal Clauses: Tipping the Balance

This article explores how local governments exercise broad discretion in awarding construction contracts through “privilege clauses”, including related “reprisal clauses”. “Tendering” is the process by which a person (an “Owner”), who intends to enter into an agreement relating to their land with another person (a “Contractor”), solicits binding offers.

As published in the NRCA’s Northern Construction Connection July 2026 Newsletter and VICA’s e-New.

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