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Using Standard Form Contracts for Construction and Design Services
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When: December 3 - 4, 2012
Course Code: 03-1207-2260
Where: EPIC Learning Centre
5670 McAdam Rd
MIssissauga, Ontario 
Contact: Farah Eftekhari (416-223-9961 x 228)

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After Participating In The Seminar, You Will Be Able To:
Usethe principal Canadian standard form construction documents issued by the Association of Consulting Engineers of Canada (ACEC), the
Ontario Association of Architects (OAA), and the Canadian Construction Documents Committee (CCDC)
Recognizehow construction contracts allocate risk among the parties and why it is to your advantage to use standard form construction
documents to allocate that risk in a manner that is fair and appropriate
Minimizecontract disputes and claims by using the standard form contract documents during the course of an engineering and construction
project by managing the project fairly

A major problem in construction contract relations is the use of ambiguous or conflicting contract documents. Contracts from different projects are often merged without a thorough review, resulting in provisions from one part of the contract conflicting with provisions in another part. Even when new contract documents are written, considerable effort is necessary to ensure that they are complete and consistent, and critical items are not overlooked. You can avoid these problems by using standard documents that are well designed, thoroughly reviewed and accepted by major construction industry organizations.

By participating in this practical new course, you will learn how to reduce the occurrence of these problems by using a standardized set of contract documents that have been developed by various industry organizations in Canada including the Canadian Construction Documents Committee (CCDC). The CCDC is a broad-based coalition of construction industry organizations whose mission is to develop and distribute quality construction documents that are both complete and fair.

To impart confidence among participants to use the standard quality construction documents which have minimum ambiguities and conflicting provisions and reflect the current best thinking in the construction industry.

What You Will Receive
• Instruction from experienced faculty
• Copies of Canadian standard form construction contract documents
• A comprehensive set of presentation material by the instructor

Who Should Attend
Those responsible for developing, managing and using construction contract documents industrial, commercial, institutional and multi-unit residential buildings will benefit from this course, including owners, principals, construction managers, owner representatives, engineers, project managers, contract administrators, consulting engineers, architects, contractors and procurement managers.

Faculty:Michael MacKay, Barrister & Solicitor

Program Outline

Day I

Registration and Coffee

Welcome, Introduction, Workshop Preview, Learning Outcomes and the Assessment Method

• Relationship of contract and tort law to contract documents
• Types of construction contracts
• Who develops standard form documents?
• The power of standard form documents: legal, economic, psychological
• How and when to use standard form documents

The Bidding Process
• CCDC bidding documents: contractor’s qualification statement, stipulated price bid
• What’s Missing? Instructions to Bidders
o Why is there no standard form?
o An attempt at a standard – The Ontario Ministry of Health and Long Term Care’s ‘Guide to Bidding & Supplementary Conditions
for Healthcare Projects’
o Bid security

What’s New in CCDC-2-2008?
• Claims
• Indemnification
• Insurance
• Artefacts and mould
• Other minor changes to the form

The Standard Form Building Contract:
The CCDC-2-2008 Construction Contract – A Detailed Analysis
• Parts of the construction contract
• The agreement
• The general conditions
• Definitions and preliminary matters
• Contract documents and interpretation
• Availability of land; subsurface and physical conditions
• Contractor's responsibilities
• Other work at the site
• Owner's responsibilities
• The role of the consultant
• Changes in price and time
• Quality of construction provisions
• Payments
• Claims
• Suspension and termination
• Dispute resolution
• Bonds and insurance

An Overview of Other Standard Form Construction Contracts
This will look at what other standard form construction contracts are available, and the essential features of each, including:
• CCDC-3 – 1998 cost plus contract
• CCDC-18 2001 civil works contract
• CCA-1 2008 stipulated price subcontract
• CCA-5A-2010 construction management contract – for services
• CCA-5b-2010 construction management contract – for services and construction
• CCA-17-2010 stipulated price contract for trade contractors on construction management projects
• Document 14 – 2000 design-build stipulated price contract (CCA, CSC, RAIC)


Day II

Workshop – Tinkering with the Standard Form through Supplementary Conditions
• Role and purpose of supplementary conditions
• The class will look at circumstances where an owner might not want to use a particular general conditions, and consider how the
contract terms could be changed through the use of a supplementary condition.

Documents for Design Services
• Document 600, 2008 – the Ontario Association of Architects Standard Form of Contract for Design Services
• RAIC Document Eight – short form agreement between client and architect
• ACEC Document 31 – 2009 - engineering agreement between client and engineer

The Content of Agreements for Design Services
• Structure and use
• Describing the scope of services
• Owner's responsibilities
• Compensation
• Time for performance
• Payment procedures and measures of compensation
• Opinions of cost
• Ownership and use of documents
• Dispute resolution
• Suspension and termination
• Notice of acceptability
• Insurance
• Hazardous environmental conditions

Other Design Services Agreements
This section will look in a general sense at the features of other standard form design services agreements, such as:
• RAIC Document Nine – standard form of contract between architect and consultant
• Document 15 - 2000 Design-Builder/Consultant Contract (CCA, CSC, RAIC)
• ACEC Document 32 - agreement between engineer and sub-consultant
• ACEC Document 35 - project management
• ACEC Document 39 - agreement between owner and owner’s engineer for design/build projects

Administrative Documents and Support Forms
• Application for payment
• Change orders
• Statutory declarations
• Certificate of substantial performance

Questions and Answers and Feedback to Participants on Achievement of Learning Outcomes

Daily Schedule:
Registration and Coffee (Day 1 only)
8:30 Session begins
4:30 Adjournment

There will be a one-hour lunch break each day as well as refreshment and networking break during each morning and afternoon session.

1.2 CEU / 12 PDH


Michael MacKay
Michael MacKay has been practicing law in Toronto for over 20 years, the last 18 almost exclusively in the field of construction law, and the last 13 at his own firm. He was a member of the Ontario Bar Association’s Construction Law Section’s Executive Committee from 1993 to 2009, and for most of that time co-edited its newsletter "Nuts & Bolts”.He is a contributing editior to the Construction Law Letter, where his articles regularly appear. For the last 13 years, he has travelled across Canada to talk on construction law topics – including a complete construction law course for EPIC.


(If you register by Nov 2, 2012)

Members: $1165.50+ HST
Non-members: $1295 +HST

(After Nov 2, 2012)
Members: $1318.50+ HST
Non-members: $1465 + HST

To withdraw from a course, you must send your request in writing with the official receipt to our office: 
     • Fifteen or more business days in advance: full refund less $50.00 administration charge. 
     • Five to fourteen business days in advance: non-refundable credit of equal value for any future EPIC seminar within one year. 
       Credits are transferable within your organization. 

In case of an unexpected event occurring after this time, you may send someone else to take your place without any additional cost. If a speaker is not available due to unforeseen circumstances, another speaker of equal ability will be substituted. EPIC reserves the right to cancel or change the date or location of its events. EPIC's responsibility will, under no circumstances, exceed the amount of the fee collected. EPIC is not responsible for the purchase of non-refundable travel arrangements or accommodation or any associated cancellation/ change fees. To avoid any fees or charges, please call to confirm that the course is running before confirming travel arrangements and accommodations.


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