b'BENCHMARKSTHE INTERPLAY BETWEEN CCDC DOCUMENTS AND OTHER CONSTRUCTION DOCUMENTSBy Jennifer Sokal, MLT Aikins LLPPlayers in the construction industry contract, while allowing for parties to.2 Drawings of larger scale shallwhether general contractors, owners,insert the more specific informationgovern over those of smaller scale of subcontractors or design professionalsand requirements of their agreementthe same date. will be well familiar with Canadianas additional contract documents. This.3 dimensions shown on Drawings Construction Documents Committeeallows the parties to focus on the nitty (more widely known as CCDC) contracts.gritty rather than the legalese, whileshall govern over dimensions scaled The CCDC is made up of representativesalso providing comfort that the standardfrom Drawings.from various types of constructionlegalese is drafted fairly. .4 amended or later dated documentsindustry participants who work toOther CCDC contracts such as theshall govern over earlier documents develop standardized constructionCCDC-3 Cost Plus Contract, the CCDC-4of the same type.documents for use in Canadian projects. Unit Cost Contract, the CCDC-5B.5 noted materials and annotationsA key benefit to using CCDC contractsConstruction Management Contract shall govern over graphic indications.is to simplify contracting by providing afor Services and Construction, and theOf course, if parties to a specific standard form of main contract that canCCDC-14 Design-Build Stipulated Priceconstruction contract disagree with be added to and revised by the partiesContract contain similar provisions. this order of priority, they can amend to a specific agreement. For example,None of the above provisions set out thethe order by way of supplemental Article A-3 of the 2020 CCDC-2order of priority that these documentsconditions. Such a decision should not Stipulated Price Contract sets out take over one another. Instead, thatbe made lightly, however, as the order as follows:order of priority is found elsewhere inof priority can have important impacts ARTICLE A-3 CONTRACTthe CCDC contracts. For example, theon the interpretation of the agreement DOCUMENTS provision that prioritizes the contractbetween the parties. Moreover, the 3.1 The following are the Contractdocuments in the CCDC-2 Stipulatedstandard prioritization was determined Documents referred to in Article A-1 ofPrice Contract reads as follows: by the CCDC with input from different the AgreementTHE WORK: 1.1.5 If there is a conflict within theconstruction industry sectors as a way toAgreement between Owner andfairly allocate risk.Contract Documents:Contractor1 the order of priority of documents,DO NOT ASSUME YOURDefinitions . CONSTRUCTION DOCUMENT TAKES from highest to lowest, shall be PRIORITY OVER THE CCDC FORM General Conditions Given that the contract documents in a the Agreement between Owner CCDC context will be made up of more [A blank space is then providedand Contractor,than one set of documents, it is important for a comprehensive list of allthe Definitions,Contract Documents, includingthat contracting parties do not simply supplementary conditions, generalSupplementary Conditions, assume that a court will prioritize the language in their own documents over requirements, project information,the General Conditions, those in the CCDC contract used in a technical specifications, material finishing schedules, drawings,Division 01 of the Specifications, given case. Instead, contacting parties should take care in ensuring that the addenda and time schedules.] technical Specifications, language in the CCDC contract used isIn short, the CCDC contracts arematerial and finishing schedules, consistent with the underling contract drafted in a way to provide parties withdocuments and the intentions ofthe legal terms and processes of thethe Drawings. the parties. 22 BUILD MANITOBAwinnipegconstruction.ca'