b'BENCHMARKSTHE ROLE OFSUPPLEMENTAL CONDITIONSIN CONSTRUCTION CONTRACTSBy Daryl A. ChicoineFor many owners and contractors,1 set out a requirement that To fill in project-specific gaps in thestandard form contracts such as thestandard terms specific additional documents CCDC 2 Stipulated Price Contract andA standard form contract mayare to be included in progress the CCA 1 Stipulated Price Subcontractnot adequately address all of theapplication payments in order provide a well-known and understoodintentions of the parties to thefor those applications to be starting point for a projects contractualcontract because most projects differconsidered;relationships. The use of standard formin some way from the theoretical contracts is frequently an attractiveestablish a time period within cost-saving option for owners becausestandard construction project.which the general contractor is they eliminate the need to draft aWhen used properly, supplementalto remove any claims for lien complicated contract from the groundconditions can fill these project- filed by subtrades and suppliers, up. Additionally, the constructionspecific gaps by elaborating on thefailing which the owner will take industrys familiarity with the basicrights and obligations that the partiesaction; orcontent of such contracts tends toWhen usedestablish a framework forgive the parties confidence that theythe assessment of liquidated understand and appreciate the riskssupplemental2being assumed without the need forproperly,damages.further review by legal advisers.To record agreed upon changes to The drawback of using such contractsthe standard terms is that they are project delivery models for a theoretical standardconditions enableAny changes to a standard form construction project which likelycontract that have been agreed to by the parties, whether expressly differs in some way from the actualthe parties toor impliedly, should be reflected project in question. Fortunately, mostin the content of the supplemental standard form contracts recognizeuse standardconditions. This will typically be this and contemplate that the partiesaccomplished by way of language will tailor the contract to their specific project requirements through theform contractsindicating that an existing portion use of supplemental conditions.of the contract is being replaced by specific language. For example, the For example, the basic priority ofto provide costsupplemental conditions may:documents provisions found in adjust the priority of certainGC 1.1.7.1 of the CCDC 22008savings andcontract documents;Stipulated Price Contract sets out that the supplemental conditions shall have the third highest priority,certainty on adjust the amount of time that a taking precedence over the Generalparty has to make payments on a certified progress application; orConditions and Specifications andcommon terms. Drawings, but falling behind theadjust the insurance requirements Agreement and the Definitions. to address project specific risks What, then, is the role of thehave agreed to assume. Typicallyand allocations of those risks. supplemental conditions?this will be done by way of languageThe supplemental conditions to a Supplemental conditions have twoindicating that the parties are addingcontract must be carefully drafted separate but related roles, as entirely new provisions. For example,so that they do not inadvertently outlined below: the supplemental conditions may:contradict the other contract terms 16 BUILD MANITOBAwinnipegconstruction.ca'