The Canadian Construction Documents Committee (CCDC) consists of
four member organizations including the Association of Consulting
Engineering Companies- Canada (ACEC), Canadian Construction
Association, Construction Specifications Canada, and Royal
Architectural Institute of Canada.
Over several decades, CCDC has developed a suite of standard
construction documents, the objective being to have a degree of
consistency and uniformity in bidding processes and contracting
arrangements as well as to reduce negotiation time and to minimize
claims and disputes.
Every few years, CCDC will review and update its documents or
develop new documents as the construction industry evolves.
Among the most recent documents the committee has introduced are
two new ones: CCDC 29 — A Guide to Pre-Qualification
(CCDC 29); and CCDC 2MA — Master Agreement and Work
Authorization (CCDC 2MA).
CCDC 29 — A Guide to Pre-Qualification
CCDC 29 provides guidance to owners and procurement authorities
on the best procurement practices for the prequalification process
for finding the companies that will work on their construction
projects. It is a guide to use when prequalifying primarily
contractors, but the concepts and principles also apply to the
prequalification of consultants, construction managers,
subcontractors, and design-builders, among others.
CCDC 29 sets out the different types of pre-qualification
processes that exist, including an open competitive
pre-qualification process, an invitational pre-qualification
process, and a pre-qualification process to establish a source list
of possible companies who are suitable to do the work.
The document takes a step further by also providing a checklist
of items to consider in pre-qualification process documents. CCDC
29 also provides sample documents, such as a sample advertisement,
invitation letter, and evaluation form.
When looking to the CCDC 29 for guidance, owners and procurement
authorities should also ensure that they have considered any
directives, purchasing by-laws, policies, and/or trade agreements
to which they are bound.
CCDC 2MA - Master Agreement and Work Authorization
CCDC 2MA will be of great interest to owners and procurement
authorities who are involved in ongoing capital repair and
maintenance programs. It is a form of Master Agreement designed to
be used in a contracting arrangement where there are a series of
different projects of varying scale to be performed over a period
of time by a single contractor.
The purpose of the CCDC 2MA is to limit having to negotiate the
general conditions of the base contract each time there is a need
for renovations or capital repairs. The contract can be signed by a
single contractor or by each contractor on a source list. Then, if
and when, a contractor is to be engaged, the owner or procure- ment
authority will either assign the work to a particular contractor by
signing a Work Authorization form, or will issue a request for
quotation or bid documents to a group of contractors on a source
list. Once the quotations or bids are evaluated and a contractor
selected, the Work Authorization form is issued and signed by the
successful contractor. The Work Authorization form was drafted to
accompany CCDC 2MA and to be read together with that document.
The CCDC 2MA document itself does not establish a contract for
the performance of specific work even though it contains terms and
conditions that are similar to the CCDC 2. Paragraph 1.1 of Article
A-1 — THE WORK, specifically states: "Work to
be performed from time to time shall be set out in the Work
Authorization in the form attached hereto and incorporated herein
by reference." The Work Authorization form, once executed,
will trigger the obligation for a contractor to perform a specific
As with any CCDC document, CCDC 2MA can be amended by way of
supplementary conditions to take into account any specific
requirements of the owner or the project. In such cases, however,
it is recommended that a construction law practitioner familiar
with the CCDC suite of documents be documents be engaged to assist
with addressing specific needs.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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