Documents

CCDC Documents are relied on as familiar industry standards for their fairness and balance for all parties involved in a construction project.


CCDC 40 – 2005 Rules for Mediation and Arbitration of Construction Disputes

What is the document?

Construction disputes are commonplace. The multiplicity of parties and technical complexity of major construction projects makes these projects very susceptible to disagreements. The costs associated with resolving disagreements can be burdensome even for the largest organizations. To avoid major expenses, lengthy and drawn out courts cases, and damaging future business partnerships, many Canadian firms are looking to other processes, often known as alternative dispute resolution (ADR) processes to manage conflict more efficiently.

Canadian Construction Documents Committee (CCDC) has adopted this approach to dispute resolution in its contract forms. The CCDC contract forms set out very specific methods for settling disputes incorporating the ADR concepts of negotiation, mediation and arbitration in a manner that encourages speedy, inexpensive and voluntary resolutions of construction disputes.

CCDC 40 – Rules for Mediation and Arbitration of Construction Disputes has been specifically designed to be used with the dispute resolutions of CCDC contract forms and are incorporated by reference, most notably CCDC 2.

Some of the features included in this document are:

1. Graphic sequence of the process delineated in PART 8 – DISPUTE RESOLUTION of CCDC 2 – 2005, including timeframes for the expeditious resolution of construction disputes.

2. Rules for mediation of construction disputes broken into three parts which include general information, the process itself, and subsequent proceedings.

3. Rules for arbitration of CCDC 2 construction disputes broken into five parts including general information, pre-arbitration considerations, proceedings, the award and project disputes.

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*Available in electronic and hard copy format.

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A registration number is required in order to download and install CCDC’s electronic documents. Please refer to the Purchasing Documents section for instructions and the list of document outlets.


Instructions:

1. Purchase a registration number from a document outlet
2. Proceed to download your document by selecting the blue button above
3. Once in the registration form, please enter your registration number
4. Note that some fields in the registration form are mandatory.


Frequently Asked Questions

How do I purchase CCDC documents?

Hardcopy documents, electronic documents and copyright seals can only be purchased from an authorized document outlet. Please contact your nearest document outlet for further ordering and pricing information.

Can I save the contract/agreement that I fill in?

Adobe Acrobat Reader does not have the option to save the information you fill in. However Adobe offers several products available for purchase that do have save functionality. Please consult Adobe’s website for more information at http://www.adobe.com/products/acrobat/matrix.html.

I can’t fill in fields in the document. What should I do?

The documents will not function correctly with version 3.x of Adobe Acrobat Reader. Please make sure you have at least version 4.x or higher of Adobe Acrobat Reader. You can check which version you have by clicking on “Help” on the menu bar and then selecting “About Acrobat Reader”. A number should be displayed at the top left corner of the information window. If it is version 3 or lower please download the current version of the Reader. It can be downloaded from the following link – Get Adobe Acrobat Reader.

I only need certain documents, do I have to purchase the whole set?

You do not need to purchase a complete set. All CCDC documents can be purchased individually. However if you want all of the CCDC documents it is more economical to purchase a complete set rather than purchase each document individually.

I’m having problems printing the document(s). What should I do?

  • Always make certain that you have the most current printer drivers  installed for your printer.
  • Always try to use the latest version available of the Adobe Acrobat  Reader.

My registration number does not work. What should I do?

  • If you purchased a single document make sure you click on the individual  document listed and not on the “Complete set of documents” button.
  • If you purchased a complete set of documents make sure you click on the  “Complete set of documents” button and not on the individual  documents listed.
  • If you continue to have problems with your registration number please  contact Christine Rioux at (613) 236-9455.

Who is included in the “etc” regarding the Commissioner section in the Statutory Declarations?

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 http://www.canlii.org, 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.