b'LEGAL COLUMNSUBCONTRACTORTIPS AND TRICKSFOR CCA CONTRACT DISPUTES BY ROSIE JACOBS, PIHL LAWf you are a subcontractor and a problem arises duringPreserving Breach of Contract / Negligence Claims II a project, it is frequently in your best interest to Finally, if a subcontractor has a claim for breach of address the problem immediately. If you wait toocontract or negligence that arose while the subcontract long, you may lose your right to raise a dispute against thework was being completed, under SCC 13.2.1, the general contractor and will likely face additional hurdles andsubcontractor must provide written notice to the costs to resolve the dispute. contractor about that claim no later than 10 calendar Subcontractors are often surprised to hear that, if they waitdays before the expiry of the builder lien period. If the more than a week to address a problem, they may have actedsubcontractor fails to provide this notice, the contractor too late to preserve their legal rights. The often-used CCA-1may have a complete defense to the subcontractors claim.2021 Stipulated Price Subcontract published by the CanadianIf you believe you may be heading into a disagreement with Construction Association contains several provisions thatthe general contractor, you should seek immediate and early require subcontractors to give written notice to the generallegal advice. There is specific language we can recommend contractor promptly if a problem arises. For example: you use in your communications with the general contractor DelaysSCC 6.5.4 requires the subcontractor to givethat will help you preserve your legal rights and even avoid a larger dispute or problem down the road. You will also want written notice within seven working days from when theto think carefully about the steps you take to resolve a dispute delay starts if the subcontractor requires an extension ofmid-project. Depending on your situation, you may want to:time to complete their work.Re-think who you are talking to on site and see if there isIncrease to Subcontract PriceSCC 6.6.1 requires timely written notice to claim an increase in theanother representative of the general contractor or owner subcontract price. Following receipt of the writtenyou can speak with to defuse the situation;notice, the contractor has 10 working days to reply. If the subcontractor disagrees with the contractors reply, underSee if it makes sense to involve the consultant or anotherSCC 8.3.1, the subcontractor has only seven working daysneutral party;to provide written notice to dispute. Force the general contractor, under SCC 8.1.1, to issue a Disagreement with Contractors DecisionsIf aformal decision in writing about the matter at hand; subcontractor disagrees with a decision made by the contractor, depending on the particular circumstances, theConsider whether you should exercise any contractualsubcontractor may have only seven working days to notifyentitlement to suspend the work; orthe contractor in writing that the subcontractor disputes the decision under SCC 8.3.1.f the situation warrants, exercise any contractual Ientitlement to terminate the contract.Before taking any steps to suspend the work or terminate the contract, you need to carefully weigh the risks associated with simply walking off the job. Often times, there are less drastic steps you can take that will provide you with the outcome you need without risking a claim for breach of contract from the GENERAL CONTRACTING|CONCRETE SPECIALISTS general contractor.CONSTRUCTION MANAGEMENT|DESIGN-BUILDCOMMERCIAL|INDUSTRIAL| INSTITUTIONAL The information provided above is for educational purposes only. This HOSPITALITY|MULTI-FAMILY|RESIDENTIAL information is not intended to replace the advice of a lawyer or address GREYBACK CONSTRUCTION LTD. specific situations. Your personal situation should be discussed with a WWW.GREYBACK.COM | 250.493.7972 lawyer. If you have any questions or concerns, contact alegal professional.26 SOUTHERN INTERIOR CONSTRUCTION ASSOCIATION'