b'BENCHMARKSTHUMBS DOWN RELEVANCE TOCONSTRUCTION CONTRACTSText messaging and other short forms of The risks of using text messagingelectronic communication are prevalent between contractors, owners, consultants for project communication and subcontractors. What commonly starts as quick messaging on immediate issues (i.e. Im at the back of the building) can morph into discussions over important project matters. Often, the speed at which communication flows on a construction project is a contributing factor in the prevalence of informal channels to communicate important details on the fly.There are two areas where text messages become particularly important in construction projects: Where there is no other writtenBy Daryl A. Chicoine (Partner, MLT Aikins LLP) andcontract; andAndrew D. Konopelny (Associate, MLT Aikins LLP)Where the contract has specific noticerequirements, including the formof notice.A recent Saskatchewan court decision(in the sellers period) between the timeWhere there is no other written contract, recognized a thumbs-up emoji as anof the text message exchange and thethe risk of using text messages is that electronic signature for the purposesrequired delivery date. it can create a contract under informal of confirming a grain contract. WhileNotably, the buyer and seller had acircumstances, like the Saskatchewan the case is based on a specific sethistory of entering contracts over textcase. However, contracts communicated of circumstances, it is an importantmessage, with the seller providinginformally over text message or other reminder for those in construction to beshort responses to confirm acceptancesimilar platforms will often lack key more cautious of the potential risks ofof the contract. Ultimately, the buyerterms, such as scope, price, liability and informal communication. successfully enforced the contract as aindemnity. Clarifying these terms after the BACKGROUND fact is a costly and uncertain process.In South West Terminal Ltd. v. Achterjudge recognized the thumbs-up emojiThe other alternative is how a situation Land, 2023 SKKB 116, a grain terminalas a valid electronic signature to acceptis handled when there is communication successfully enforced a grain deliverythe contract. outside the required contractual contract that the seller confirmed by textWhile this decision was impactednotices. For example, the CCDC suite message with a thumbs-up emoji. Theby the previous relationship of theof documents contains specific notice seller did not deliver on the contractbuyer and seller and the grain-buyingprovisions, including the name and that had been provided to them via textindustry, there are broad similarities andaddress (physical and electronic) to which message, and market prices changedrelevance to the construction industry. Notices in Writing must be sent.MWE OFFER.Standard Roll O\x1f bin sizes 15 to 45 yd.Mini bin 15 yd.Crane Tipper Enclosed Asbestos binsFull LEED TrackingClean & professional bins to compliment your siteSame-day serviceNeed a Bin? Get Meridian! 204-294-2364 ben@meridianhauling.ca meridianhauling.ca28 BUILD MANITOBAwinnipegconstruction.ca'