b'BENCHMARKSor otherwise introduce uncertaintyinterests of all parties to the contractall possible legal rights or remedies. into the contract through duplicativethat the supplemental conditions haveReaders should consult a legal provisions. These conditionsbeen carefully reviewed to ensure thatprofessional for specific advice in any are important for providing athose conditions do not introduceparticular situation.record of the parties intentionsuncertainty or unnecessary complexityDaryl A. Chicoine is a partner in the regarding adjustments to theinto the project.Construction Law Practice Group at default allocation of constructionNote: This summary is of generalthe MLT Aikins LLP.risks, rights and responsibilities.nature only and is not exhaustive of Examples of common problems with supplemental conditions include: he introduction of new or tchanged terms that were not previously disclosed in the tender or RFP materials and have not been agreed to by both parties; he introduction of additional trights and obligations without adequate details as to how those rights and obligations are to be enforced;he deletion of terms without tregard for how other provisions relied upon the deleted terms; andt he inclusion of specifications details in the supplemental conditions rather than in the specifications materials.What can owners and contractors do to avoid these common issues? In most instances issues with supplemental conditions result from the use of drafting shortcuts such as simply adopting language found in other contracts without proper consideration of whether that language requires other adjustments, or failing to perform a comprehensive review of the resulting contract document. When it comes to the use of supplemental conditions there is no substitute for a careful and deliberate review of both the contract and the supplemental conditions. If done correctly, such a review should quickly flag any coordination, internal conflicts and other procedural issues before they become problems.When used properly, supplemental conditions enable the parties to use standard form contracts to provide cost savings and certainty on common terms. It is in the best Issue 4 Winter Edition 2020 BUILD MANITOBA 17'