b'LEGAL COLUMNNAVIGATING DISPUTE RESOLUTION PROVISIONS IN CCDC ANDCCA CONTRACTS BY DAVID VOLKhen a client first calls meor CCA contract, is that they containConsultant about a dispute is binding W about a dispute aboutdetailed and fair contractual provisionson both parties unless it is disputed something on a constructionwhich do not favour one side or theby one party within 15 working project, usually the firstother. Both CCDC and CCA contractsdays of the decision. For example, if question I have for them is, what doescontain detailed dispute resolutionthe Consultant decides against the your contract say? I start with thatprovisions, which set out a graduatedcontractor on a particular dispute, if question because 99 per cent of theprocess for parties to resolve all disputesthat decision is not disputed in writing time, the words of a contract will be thethat may arise (see GC 8.2 in thewithin 15 days, the contractor will be main determining factor for whether aCCDC 2 and SCC 8.2 in the CCAstuck with the Consultants decision. client is on the right or wrong side of a1). However, the detail of the CCDCA simple email by the contractor to dispute. and CCA dispute resolution provisionsthe owner and Consultant disagreeing also create complexity and room forwith the Consultants decision will be The same point applies to my seconderror. Following are some tips forsufficient to satisfy the requirement question to a client, which is, whatparties trying to navigate these disputeto issue a Notice in Writing and will does your contract say about disputeresolution provisions. preserve the contractors right to claim resolution? Almost every contractcompensation.will contain a dispute resolution clauseBoth the CCDC and CCA provisions which will set out how a disputecontain a deeming provision (GCThe CCDC and CCA each contemplate should be resolved, including whether8.2.2 in the CCDC; SCC 8.2.1 inthe appointment of a Project negotiation, mediation, arbitration orthe CCA), which makes the positionMediator at the commencement of a litigation in the courts are required forof one party to the dispute bindingproject, who will then be available to try the resolution of a dispute. unless it is disputed with a Notice inand assist the parties to reach agreement Writing within the prescribed timeon any dispute which remains One of the key advantages of using aperiod. Under the CCDC 2, GCunresolved after negotiations between standard form contract, like a CCDC8.2.2 provides that the decision of thethe parties. I have yet to encounter a project where parties actually appointed a Project Mediator, and I would not be surprised if I never encountered one. Mediation is very useful at resolving disputes, but the timing must be right. My advice to clients, generally, is to ignore the initial mediation step and to proceed to formal claim submission in the courts or arbitration. The reason for this is that I find that when parties cannot negotiate a settlement on their own, that is because one or both have dug in. In my experience, the optimal timing for mediation is once each party has obtained legal advice, and they No job is too big or too small each have a clear picture of the risks associated with their positions.Structural Engineering | Building Enclosure Engineering | Energy Modelling Parkade Restoration | Seismic Risk Mitigation | Fall Protection EngineeringDavid Volk is a construction lawyer at Jenkins Marzban Logan LLP in Vancouver. He assists clients in the construction industry working on projects throughout Western Canada. He may Kelowna 778-738-1700Vancouver 604-738-0048Victoria 250-386-7794Nanaimo 250-716-1550info@rjc.ca be contacted at dvolk@jml.ca 20 SOUTHERN INTERIOR CONSTRUCTION ASSOCIATION'