b'BENCHMARKSinstance, to make findings involvingcontracts usually allow the consultantwork completion. Ideally, when the disputes between the parties. If a partyor owner to give instructions for properparties are ready to have the dispute disagrees with a consultants findings,work performance and to preventheard, it will proceed expeditiouslyit must give notice in writing withdelays pending dispute settlement,and efficiently. particulars of the dispute within the timewith the understanding that claims willThe lawyers at MLT Aikins have the frame specified in the contract.be submitted promptly to arbitration.experience and knowledge to assist you If a project mediator has beenMost construction contracts provide thatduring each phase of your project, from appointed, or if a party seeks theacting upon such instructions from thecontract drafting and negotiation through appointment of one, the mediatorowner or consultant will not jeopardizeto any disputes. The information in this will assist the parties in attempting toeither partys claims in arbitration, whicharticle is a general summary and is not resolve the dispute. If resolution is notmay also be held in abeyance pendinglegal advice.possible, a party may refer the matter to be finally resolved by arbitration under the rules of arbitration as provided in CCDC 40, in effect at the time ofbid closing.However, under the usual dispute resolution clause in CCDC contracts, if a party does not give notice in writing within the required time, the arbitration agreement is no longer binding upon the parties and, by default, the matter proceeds to court unless another form of dispute resolution is subsequently agreed to by the parties.It is important to carefully note and204-661-1055comply with time periods to initiate1820 DeVries Ave.the binding arbitration process in aWinnipeg, MBconstruction contract, as failure to do so may result in an inadvertent loss of the right to pursue a dispute through thePRODUCTS FOR THE INDUSTRYYoure buildingarbitration process.Document, Document, Documentthe future. www.springhilllumber.comConstruction disputes are often a battle of documents. Of course, any writtenWere here to help .contract is of primary importance. Theability to produce contemporaneous minutes, notes, emails or text messages is important as well.You need the right equipment, at the right place, right now. With an unmatched rental fleet and branch network, we are ready to help you maximize productivity Y ourbuildingand protability. And our round the clock service and support means Y ur e buildingLimitation Deadlines Apply to o e160 Mountainview Rd Youre buildingthe equipment will work just as hard as you do. Both Court and ArbitrationAs of September 30, 2022, Manitoba800.UR.RENTS the future.Winnipeg, MB R3C 2E6 UnitedRentals.com the future.204-775-7171 the future.has a new Limitations Act. Subject to 2015 United Rentals, Inc.various transitional rules, the LimitationsWere here to help.Act establishes a new basic two-year W e here to help er .limitation period, as compared to Were here to help.the six-year limitation periods that previously applied to most contractualYou need the right equipment, at the right place, right now. With an unmatchedYou need the right equipment, at the right place, right now. With an unmatched You need the right equipment, at the right place, right now. With an unmatched and negligence claims in Manitoba. Therental fleet and branch network, we are ready to help you maximize productivityrental fleet and branch network, we are ready to help you maximize productivityrental fleet and branch network, we are ready to help you maximize productivityand protability. And our round the clock service and support meansand profitability. And our round the clock service and support meansnew two-year limitation period appliesand protability. And our round the clock service and support meansthe equipment will work just as hard as you do. the equipment will work just as hard as you do.from the day a claim is discovered,the equipment will work just as hard as you do. 160 Mountainview Rdwhether the claim is pursued in court or160 Mounegi, MB R3C 2E6Winniptanview Rd UnitedRentals.com204-775-7171 800.UR.RENTSby arbitration. Winnipeg, MB R3C 2E6 UnitedRentals.com204-775-7171 800.UR.RENTS 2015 United Rentals, Inc.CONCLUSION2015 United Rentals, Inc.Many disputes arise in construction matters before a project is complete. CCDC and other forms of construction Issue 4 | Winter Edition | 2022 BUILD MANITOBA 37'