b'LEGAL COLUMNWILL COLLABORATION BE ACHIEVED BY ADRIENNE ATHERTON, CIVIC LEGALUNDER THE CCDC 30 INTEGRATED PROJECT DELIVERY CONTRACT?he Integrated ProjectThere are many facets to the CCDC 30exceptions to the waiver of liability T Delivery (IPD) has beenmodel to discuss. The purpose of thisthat could result in future litigation used successfully in the U.S.,article, though, is to consider the impactthat seeks to apportion fault, including the U.K. and Australia forof the waiver of liability clause and claims brought by third parties (this approximately 20 years, but is a newits exceptions.may include a future purchaser of the development in construction in Canada. property), claims covered by insurance Waiver of liability in IPD is consideredspecified in the contract, and defects Unlike the traditional approachto be key to provide the parties withor deficiencies not discoverable during involving separate contracts betweenconfidence that they can collaborate,the term of the contract and warranty the principal construction parties,share information freely and workperiods that are substantial (meaning the basic principles underlying IPDcooperatively toward the mutual goalsthat the work is unfit for the purpose are the sharing of risk and reward,of meeting the agreed upon schedule,intended by the contract). Should such early involvement and equality ofcosts and the owners goals. In its purestclaims be pursued, there is a likelihood stakeholders, project-first thinking,form, there would be few exceptions that the parties, their insurers, and limitation of liability, and transparency.to the waiver of liability in an courts or tribunals may approach the Ideally, the IPD contract is to be usedIPD contract.dispute and allocation of liability in the to incent team members to collaborate, rather than to provide limitations or penalties. In an IPD project,WA I V E R O F L I A B I L I T Y I N I P D collaboration of all parties from the outset and throughout the project isI S C O N S I D E R E DT O B E K E Y.essential to reduce inefficiency, costsand disputes.In Canada, CCDC recently issued theThe CCDC 30 includes a waiver oftraditional way. This raises the question CCDC 30 IPD contract, which is aliability clause (GC 11.1), but it isas to whether allowing such exceptions single collaborative contract betweennoteworthy that this provision includesto the waiver of liability actually the principal parties in the constructiona number of exceptions. Many of theseundermine the overall objectives of the team (owners, design professionalsexceptions simply allow the parties toIPD approach.and contractors). It is stated that theenforce the contractual obligations, CCDC 30 is designed to address scopesuch as claims related to a partysClaims under these exceptions to allocation, payments, changes, conflictwilful default, and express warranty,the waiver of liability are likely to be management, termination, insurance,payment or insurance obligations underpresented after the construction has contract security and liability allocation. the contract. But there are additionalbeen completed. Thus, on its face, it Civil ConstructionSite ServicingRoad BuildingEarth MovingKelowna B.C. Office: (250) 860-2839cruisercon@shaw.ca Fax: (250) 862-284542 SOUTHERN INTERIOR CONSTRUCTION ASSOCIATION'