The Construction Act is on its way to Ontario, and with
it comes the advent of adjudication. As many will already know
or soon find out, Ontario's adjudication process will be
document intensive. Construction industry players will be
well-advised to structure their business practices in such a way
that participating in an adjudication process involves a quick
transfer of well-organized files rather than a hurried rush to turn
the office upside down.
The following tips are not only helpful for future litigants,
but are also just good business practices that may help avoid any
sort of dispute.
Contracts
Make them fit – Whether using a standard form
CCDC or your own custom standard form, make sure you take the right
approach. Every project is different, and every contract
should address the project's inherent risks. Adding
supplementary conditions may involve an extra investment of time up
front, but will almost certainly save you a significant sum of
money down