Changes to CCDC forms (Copyright?)
I have prepared supplementary conditions for use by my Clients in Connection with the CCDC documents noted above. I have been asked whether it is ok to add margin notes and to strike out parts of the CCDC form to allow the user of the Contract to see where the Supplementary Conditions which are attached as part of the Contract Documents, amend or replace the text of the printed CCDC form. Each margin note, and each strike out, merely notes for the reader the fact that a change has been effected by means of a Supplementary Condition and gives the section reference from the Supplementary Conditions . This makes it easy to read the standard form provisions in conjunction with the Supplementary conditions. We are concerned about Copyright.
Response
CCDC holds copyright protection for all its documents. However, what you are proposing is basically what all industry players do at the moment. Changes to CCDC documents are done in the fashion you have described. CCDC's copyright deals with copying the document not amending it for the propose of utilizing it as a contract between parties. If the base contract is a CCDC - this a good. Supplemental conditions are discouraged, but it is also understood that items such as site issues, as an example, could require additional language/conditons to deal with special circumstances. Supplemental conditions are not to be blanket, onerous conditions to overly protect the owner's interest at the cost to the contractor. CCDC documents have been crafted to be fair and reasonable to all parties. Generally, the more supplemental conditions appear, the more the contract ends up costing - everyone.
The 'best' contracts ( those with the least problems) I have seen in 18 years at TCA are ironically those in their most simple form - the basic CCDC stands the test and will do the job. To make it something else more often than not ends up not doing the job it was intended to do! So be careful out there!! If you have issues concerning CCDC copyright contact Eric Lee at CCDC - 1 800 711 7611
Tim Harris, President, TCA
Holdback Cheque - When is it due?
45 Days after certificate of substantial completion is signed is a cheque for the Holdback due or is it subject to invoicing and due 30 days later?
Response
The Lien Act states that the period to place a lien is 45 days after substantial completion. Holdback monies are therefore due on the 46th day. However, while the Act may well say that, the practise out there is more like 90 days...or even more!!! The industry (trades, generals, manufactureres et al) have come to accept this reality and work around it as best as everyone can. Oddly if you do business with owners like Enbridge etc. they all require you - in fact demand of you to pay your bills to them within 15 days or you get hit with interest charges right away - no questions - no excuses. The construction industry somehow decided it was going to knuckle under to owners wanting to bend rules on payment to their contractors and the industry has been 'paying' for it now for many years. Moreover, the Lien Act does not have 'teeth' with regard to 'must' pay or 'required to pay' on the 46th day - rather it says the money is due and the Lien period expired if a lien is not placed.
Tim Harris, President, TCA
