Treadstone Associates
Ask an Expert · 3 min read

Do we have to bid every invitation we get?

No — an invitation to bid creates no legal duty to respond. What declining costs you is standing on the next list, not liability on this one.

Treadstone Associates · Updated 2026

Short answer

No. An invitation to bid isn't itself a contract, and CCDC 23 frames the legal obligations — Contract A and Contract B — as arising only once a compliant bid is actually submitted. Declining an invitation carries no legal exposure; what it can cost is your standing with whoever keeps inviting you.

Where the obligation actually starts

CCDC 23 covers bid solicitation, the bidding period, pre-bid meetings, site visits and addenda as steps in calling bids — all of which happen before any legal obligation attaches. The “legal obligation of owners and bidders under Contract A and Contract B” that the same document addresses is triggered by submitting a compliant bid, not by receiving or reading an invitation.

Where selectivity does have a cost

The real cost of declining shows up in relationships, not liability. One paving firm's experience is a case file on exactly that trade-off — a firm that got more selective about which invitations it chased, and what it did to protect the relationships with the ones it turned down.

Bid lists and prequalified bidder rosters are also worth knowing before you decline reflexively — how a particular owner or GC weighs a pattern of no-shows is governed by that list's own rules, not a general law, and

New Brunswick makes the opt-in explicit

Most bid-list declines are informal — you just don't submit. New Brunswick's bid depository removes that informality for depository-priced trade work: the Construction Association of New Brunswick's 2025 depository notice says general contractors “need to advise the local construction association office if they plan on bidding” before they can use depository numbers at all. Decline this round, and you're outside the registration the next closing assumes, not automatically carried forward. British Columbia's depository, by contrast, is centrally run by the BC Construction Association with no comparable per-tender step — what declining actually costs procedurally depends on which province's depository you're inside.

Track the number, not the feeling: a subtrade invited 8 times by the same GC in a year that bids 5 of them is running a 62.5% participation rate (5 ÷ 8) — worth knowing before a GC's informal read of “who bids for us” outruns the actual math.

it's worth understanding those rules for the relationships that matter.

Practical read

Track a decline the same way you'd track a loss reason. A bid pipeline from invite to award covers how to log that consistently instead of letting each invitation get an ad hoc yes or no.

See where this costs you deals — or wins them.

A 30-minute call is enough to tell you whether your bid process is holding you back.