A recent decision of the Alberta Court of Appeal serves as a
stark reminder that the Consultant appointed in a CCDC contract
wields considerable authority to determine the rights of the
parties.
The Court’s Decision
In ASC(AB) Facility Inc v Man-Shield (Alta)
Construction, 2019 ABCA 379, the Court considered a dispute
regarding the amounts owing for work performed pursuant to a CCDC2
fixed price contract. The Consultant determined that the
Contractor did not perform some of its work to contractual
requirements and that the Owner could deduct the value of that work
from amounts otherwise owing to the Contractor. The
Contractor sued for the contract value, asking the Court to find
that Consultant erred in deducting various deficiency costs when
certifying the final payment due to the Contractor.
