CCDC 40 – 2018 Rules for Mediation and Arbitration of Construction Disputes
What is the document?
CCDC 40 – Rules for Mediation and Arbitration of Construction Disputes sets out specific methods for settling disputes incorporating the concepts of negotiation, mediation and arbitration to encourage speedy, inexpensive and voluntary resolutions of construction disputes.
CCDC 40 has been incorporated by reference in CCDC contract forms, including CCDC 2. It is also a standalone document and can be used with other construction contract forms.
Some of the features included in CCDC 40:
- Graphic sequence of the process delineated in PART 8 – DISPUTE RESOLUTION of CCDC 2 – 2005, including timeframes for expeditious resolution of construction disputes;
- Model mediator and arbitrator agreements;
- To the extent legally permissible, CCDC 40 will override mediation and arbitration rules in provincial/territorial legislation; and
- The joinder of additional parties with an interest in a dispute to be resolved by arbitration will be permissible only if all parties consent and the proposed additional party consents.
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Frequently Asked Questions
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The legislation of the applicable province will set out who can take affidavits and declarations. In Ontario for example, the Commissioners for Taking Affidavits Act, states who can take affidavits and declarations. Some individuals by virtue of their office are automatically entitled to do so. This includes provincial judges and Members of the Legislative Assembly, lawyers entitled to practise in the Province, and municipal councillors to name a few. The Attorney General can also appoint Commissioners pursuant to this Act, which is typically the Commissioners of Oaths present in construction associations. They will have stamps and certificates to prove their standing.