Construction File: CCDC issues new CCDC2 Stipulated Price Contract
Effective February 1, 2008 the new CCDC2, 2008 is available for use. The existing 1994 document will no longer be published as of July 1, 2008. Existing seals for the 1994 document may be exchanged for the new document.
There are many differences between the 2008 and 1994 Editions; however, this is a summary of those of more significance:
GC 6.3 - CHANGE DIRECTIVE
This General Condition has been revised to include the following major changes:
- New paragraphs 6.3.2 and 6.3.3 restate that a Change Directive shall only be used to direct a change in the Work that is within the general scope of the Contract Documents (definition of Change Directives and a Change Directive shall not be used only to change the Contract Time (paragraph 184.108.40.206).
- New paragraph 220.127.116.11 that makes reference to the Contractor's percentage fee for Change Directives.
- Paragraph 6.3.7 that lists the actual cost of the work attributable to the Change Directive has been revised.
- New paragraphs 6.3.8 to 6.3.10 that address the parties' intention and responsibilities with respect to the actual cost of work Iisted in paragraph 6.3.7.
GC 6.5 - DELAYS
- New paragraph 18.104.22.168 that expressly clarifies that abnormally adverse weather conditions are grounds for extension of Contract Time.
- Paragraph 22.214.171.124 has been revised to address "any cause beyond the Contractor's control other than one resulting from a default or breach of Contract by the Contractor”.
- The last sentence of paragraph 6.5.3 that states "The Contractor shall not be entitled to payment for costs incurred by such delays unless such delays result from actions by the Owner" has been expanded to include actions by the Consultant or anyone employed or engaged directly or indirectly by the Owner or the Consultant.
GC 6.6 - CLAIMS FOR A CHANGE IN CONTRACT PRICE
New General Condition that addresses the process for the parties to claim for a change in Contract Price, which is based on the following principles:
- A "claim" may be made by either party against the other.
- A "claim" only becomes a "dispute" if the Owner or the Contractor does not accept the Consultant’s initial finding.
- Claimant has a duty to give timely notice of intent to claim, mitigate loss or expense, keep records, and submit detailed account within a reasonable time.
GC 7.1 - OWNER'S RIGHT TO PERFORM THE WORK, TERMINATE THE CONTRACTOR'S RIGHT TO CONTINUE WITH THE WORK OR TERMINATE THE CONTRACT
Paragraph 126.96.36.199 has been revised to clarify that the Owner's right to utilize the Contractor's Construction Equipment is subject to the rights of third parties.
GC 9.1 - PROTECTION OF WORK AND PROPERTY
New paragraph 9.1.2 that requires the Contractor to determine, prior to commencing any work, the location of all underground utilities and structures that are indicated in the Contract Documents or are reasonably apparent in an inspection of the Place of the Work.
GC 9.5 - MOULD
New General Condition that addresses the process and the rights and obligations of the parties in the event the Contractor or the Owner observes or reasonably suspects the presence of mould at the Place of the Work.
GC 10.2 - LAWS, NOTICES, PERMITS, AND FEES
- Paragraphs 10.2.2 and 10.2.3 have been revised to address the procurement and payment of various types of regulatory and other approvals, permits, licenses, etc.
- New paragraph 10.2.7 that addresses the risk of unforeseen regulatory changes that come into force after the time of bid closing.
GC 11.1- INSURANCE
This General Condition has been substantially revised with different limits and coverages. Insurance provisions that are anticipated to change periodically have been moved to the new CCDC 41 - CCDC INSURANCE REQUIREMENTS, e.g. insurance limits, deductibles and standard exclusions.
GC12.1 - INDEMNIFICATION
This General Condition has been substantially revised. The obligation to indemnify is now mutual and with respect to claim for third parties for bodily injury or property damage, unlimited in amount.
For more detailed information on a comparison of the changes - http://jml.ca/pdf/pubs/CCDC2_2008_JML_Chart.pdf
Note: The new document will necessitate changes to the Standard Stipulated Price Bid for use on Publicly Funded Building Projects in BC. We will advise of those changes at a later date.