ARTICLE · 18 FEBRUARY 2022

New CCDC 2 Construction Contract: Important Changes From 2008 To 2020

Goldman Sloan Nash & Haber LLP

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The CCDC 2 has been given its first update since 2008. A lot has changed. Ontario has incorporated prompt payment legislation and adjudication.

CanadaReal Estate and Construction

Catherine Willson

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The CCDC 2 has been given its first update since 2008. A lot has changed. Ontario has incorporated prompt payment legislation and adjudication. The Canadian construction industry is moving to adopt these changes in other provinces.

Major differences between the CCDC 2 (2020) and the CCDC 2 (2008), include the following:

Prompt Payment

Prompt payment is introduced through the term "Payment Legislation", meaning legislation in effect at the Place of the Work which governs payment under construction contracts. Previously, the Contractor submitted applications for payment to the Consultant. Now, applications for payment must be submitted to the Owner and the Consultant.

The Contractor's application for payment must comply with the requirements for a 'Proper Invoice' under applicable Payment Legislation [GC 5.2.6]. If the Owner intends to reject any part of an application for payment, it must provide the Contractor with a written notice of non-payment with

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