Canada Construction Projects and Dispute Resolution

The standard contract documents used in the construction industry in Canada, typically developed by organizations such as the Canadian Construction Documents Committee (CCDC) and the Construction Specifications Canada (CSC). These standard documents are widely recognized and utilized throughout the country.

The CCDC standard documents are commonly used for various types of construction projects and cover a range of contract scenarios. Some of the commonly used CCDC documents include:

1. CCDC 2 - Stipulated Price Contract: This document is used for lump-sum contracts where the contractor provides a fixed price for the completion of the project.

2. CCDC 3 - Cost Plus Contract: This contract is used when the project cost is uncertain, and the contractor is reimbursed for the actual costs incurred, plus an agreed-upon fee.

3. CCDC 5A - Construction Management Contract - For Services: This document is used when the owner engages a construction manager to provide pre-construction and construction management services.

4. CCDC 9A - Statutory Declaration of Progress Payment Distribution by Contractor: This form is used by the contractor to provide a declaration of the distribution of progress payments to subcontractors and suppliers.

These are just a few examples of the CCDC standard documents commonly used in Canada. It's important to note that the specific documents and versions used may vary depending on the province, project type, and industry practices.

Apart from CCDC, other standard forms and documents are also utilized in specific sectors or regions in Canada. For instance, the Province of Ontario often employs the Infrastructure Ontario (IO) standard documents for public infrastructure projects.

It's recommended to consult with legal and construction professionals familiar with the specific project and jurisdiction to determine the most appropriate standard documents to use in Canada.

In Canada, similar to Clause 20 of the FIDIC contract, the arbitration and dispute resolution provisions are typically addressed in the standard contract documents developed by the Canadian Construction Documents Committee (CCDC). The specific documents that contain arbitration provisions may vary depending on the project and the standard form used.

One commonly used document that addresses dispute resolution and arbitration is the CCDC 2 - Stipulated Price Contract. Although it does not have an exact equivalent to Clause 20 of the FIDIC contract, it includes provisions for dispute resolution, such as mediation and arbitration.

Under CCDC 2, if a dispute arises between the parties, the contract provides for a dispute resolution process. The process usually starts with mediation, where an impartial mediator assists the parties in reaching a settlement. If mediation fails to resolve the dispute, the contract typically allows for the dispute to be referred to arbitration.

In Canada, the rules and procedures for arbitration are often governed by the provincial or territorial arbitration legislation. The specific arbitration rules and institutions chosen for a project may vary depending on the parties' agreement and the applicable jurisdiction. Commonly used arbitration rules include those provided by the ADR Institute of Canada, the International Chamber of Commerce (ICC), or other recognized arbitration institutions.

It's important to note that the exact set of documents and specifications used for a project, including those related to dispute resolution, may vary depending on the region, project type, and industry practices. It is advisable to consult with legal professionals and review the specific contract documents applicable to the project to determine the arbitration and dispute resolution provisions in detail.

Where can I get those dowcuments

The standard contract documents and specifications developed by the Canadian Construction Documents Committee (CCDC) are typically available for purchase through their official website. You can visit the CCDC website at www.ccdc.org to access and purchase the documents you need.

On the CCDC website, you can find a range of contract forms and guides, including CCDC 2 - Stipulated Price Contract and other related documents that address dispute resolution and arbitration provisions. These documents are commonly used in Canada for construction projects.

Please note that the CCDC documents are copyrighted and require a purchase or licensing agreement to obtain the official copies. Unauthorized distribution or sharing of these documents is prohibited. It's advisable to visit the CCDC website or contact them directly for more information on accessing and obtaining the specific documents you require.