Arif Ghaffur, PQS, presents at Construction Specifications Canada
Completeness of Contract Documents & Issue Management
O
n December 6, 2016, Arif Ghaffur, PQS, Editor of the Construction Economist, presented at a Construction Specifications Canada dinner event held at the Toronto Cricket Skating and Curling Club. The event was attended by over 50 professionals. The topic of the presentation was Completeness of Contract Documents & Issue Management. Following a reception and dinner, Arif addressed a number of items including industry trends, agreement & contract documents, issues & contract documents, study of construction documents, issues with documents and potential impacts. The presentation explored what makes ‘complete’ contract documents, the typical issues and how these are dealt with in a structured manner on engineering and construction contracts. In a detailed presentation, Arif shared his thoughts that a lack of performance on construction projects is driving a change in what he described as ‘Classic,’ ‘Emergent’ and ‘Desirable’ behaviours that affect Contract Documents and Issue Management. Arif identified that mistakes and delays were often a result of continuing industry trends including uncertainty and confusion, inadequate time, immature design, incomplete scope and restricted budget. The presentation identified the reforms to the Construction Lien Act in Ontario which he described as having broader
The quality of construction documents remains an industry-wide issue, and one that affects owners, consultants and contractors alike. implications for Canada, with a particular focus on a report commissioned by the Ontario Ministry of the Attorney General which included recommendations such as: a) the adoption of a prompt payment regime requiring payment within 28 days of submission of a proper invoice; b) mandatory speedy adjudication of construction disputes, wherein a decision will be rendered within 30 days; and c) mandatory holdback release, (subject to specific set-off notices), with permissible phased release of holdback on lengthy or segmented projects. In addition to reforms that would need to be recognized in contract documents, Arif
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referenced a 2015 industry study by the Canadian Construction Association that examined the quality of documents via workshops. The study resulted in a report from the CCA Standard Best Practices Committee which concluded that, “….the quality of construction documents remains an industry-wide issue, and one that affects owners, consultants and contractors alike. There is no party that is infallible, and all stakeholders have an important role to play in addressing this issue.” During the presentation, Arif provided examples, issues and resolution options. The dinner event was co-sponsored by the CIQS. Sheri Thompson, President of CIQS-Ontario said, “We know that contract documents are very topical, particularly in relation to the proposed reforms which will require even more diligence in ensuring contract documents are complete. As Quantity Surveyors, we remain well positioned to help our employers and clients right across Canada as they realize their projects. Arif provided an insightful presentation based on over 30 years of experience and a detailed knowledge of the subject matter. We at the CIQS and the CSC Toronto Chapter thank Arif for his presentation.” To return to Table of Contents CLICK HERE
