Construction Industry Disputes: Use Of Negotiation, Mediation And Arbitration Clause

Background

This article highlights Part 8 of the majority of CCDC Construction Contracts, which prescribes the pathway of the Dispute Resolution process pursuant to a CCDC contract. In addition to the general conditions outlined in this article, it is critical that parties to a CCDC contract are familiar with any applicable supplementary conditions to the contract that may change or alter these standard provisions on a project specific basis.

Role of the Consultant

The first section under Part 8 serves an important purpose in the dispute resolution process. Parties to the contract ought to be aware of the importance of the role of "Consultant" while performing the contract, and particularly should a dispute arise. Pursuant to GC 8.1 of the CCDC contract, the Consultant is to act as a decision maker of first instance regarding the interpretation and administration of contract.