b'LEGAL COLUMNappears that the exceptions should notwithdrawing from full disclosureobjectives sought, with full knowledge impede the parties willingness duringand collaboration, parties couldof the risks that are assumed by each construction to work cooperativelycommunicate that the disclosureparty. Standard form contracts are toward the mutual goals of meetingor communication is made onextremely useful tools to use as a the agreed upon schedule, costsa without prejudice basis.starting point. However, one must and the owners goals. However, theLanguage should be included in thebe careful to choose the correct one, parties behaviour could potentiallysupplemental conditions to ensureand to use supplemental conditions be influenced by their insurers andthat parties are free to take this stepto customize the contract to suit the lawyers risk management advice,under the terms of the contract 1.particular project and to ensure the and a concern about possible futureproper allocation of risk.increases in insurance premiums or2.Consider broadening the waiver ofloss of insurability based on theirliability through revisions to theWritten by Adrienne Atherton, with gratitude claims history. Since, under thewaiver provision, or to the insuranceto articling students Nicholas Krishan CCDC 30 regime, post-constructionrequired under the contract (underand Eugenia Adamovitch for their cross-claims may be brought by the partiesPart 10 of the CCDC 30) to limitjurisdictional research.insurers and other third parties, therethe scope of the insurance exceptionAdrienne Atherton is a senior litigator and is a risk that those claimants could(it is recommended that advice bepartner at Civic Legal LLP, a British Columbia rely on communications during thesought from an insurance brokerlaw firm with expertise in municipal law, construction in a future lawsuit.before reducing insurance coverage). construction, procurement, land development This risk could cause the parties toand complex contract matters. be reluctant to engage in the fullThere are many reports from otherVisit www.civiclegal.ca for contact and transparency during construction that isjurisdictions of the success of the IPDadditional information.necessary for proper collaboration. approach in construction. Therefore, the Canadian construction industry1There are, no doubt, many ways toshould feel confident that this approach In the U.K. court case, Willmott Dixon Housing Ltdv Newlon Housing Trust [2013] EWHC 798 (TCC), address this concern. Options include: is viable. But it is important tothe Court commented that the parties obligation understand the implications of standardunder the IPD contract to engage in a transparent 1.During construction, where thereform contracts, such as the CCDCand cooperative exchange of information in allis any concern about potential30, to ensure that the IPD contractmatters relating to the project extended to the future liability, rather thanis structured in a way to achieve theadjudication procedure. C OMBINEDM ECHANICALC ONTRACTORS (2019)LTD. Underground Utility Locating ServicesWe can locate your Gas, Water, Electrical, Phone/ COMMERCIALINDUSTRIALCable, Storm, Sanitary lines on your propertyPlumbing HVAC Underground Oil Tank Detection Water TreatmentWaste Water Scan your property or your potential new property for VentilationAir Conditioningpossible buried oil tanks before finalizing the sale to prevent expensive headaches.VERNON, BC920 Waddington Drive, V1T 8T3GPRTelephone 250.542.6213Oil Fax: 250.542.8386 TankScans PENTICTON, BC2110 Government Street, V2A 8B5Call before you dig to get your utility servicesTelephone: 250.490.9303marked out to prevent damages. Fax: 250.490.9305BC Interior : 250-819-0175 - Lower Mainland : 604-897-4616Email to info@quadralocating.comSICA CONSTRUCTION REVIEWFall 201943'