Alternative dispute resolution (ADR) provisions have been increasingly incorporated by the Canadian Construction Documents Committee (CCDC) into standard Canadian construction contracts. Parties should attempt to resolve their dispute first by amicable negotiation, then mediation, and, finally, by way of binding arbitration. Many common law jurisdictions throughout Canada have a form of meditation or settlement conference that may be triggered by one or more of the parties. For example, British Columbia has mandatory private mediation that can be triggered by a notice of intention to mediate.
It’s highly recommended that you don’t enter into a construction contract without first entering some sort of dispute resolution agreement — either via the current CCDC ADR method or another form of dispute board. When you partner with an attorney from Cotney Canada, we’ll help you put your best foot forward to avoid disputes and be by your side in the event that a dispute does arise on your construction project. We’ll review your case, examine your contract, and outline your options for dispute resolution to ensure your dispute is resolved in the most effective and efficient manner possible.