ccdc
40
2018
CCDC 40 – 2018 Rules for Mediation and Arbitration of Construction Disputes
What is the document?
CCDC 40 – Rules for Mediation and Arbitration of Construction Disputes sets out specific methods for settling disputes incorporating the concepts of negotiation, mediation and arbitration to encourage speedy, inexpensive and voluntary resolutions of construction disputes.
CCDC 40 has been incorporated by reference in CCDC contract forms, including CCDC 2. It is also a standalone document and can be used with other construction contract forms.
Some of the features included in CCDC 40:
- Graphic sequence of the process delineated in PART 8 – DISPUTE RESOLUTION of CCDC 2 – 2005, including timeframes for expeditious resolution of construction disputes;
- Model mediator and arbitrator agreements;
- To the extent legally permissible, CCDC 40 will override mediation and arbitration rules in provincial/territorial legislation; and
- The joinder of additional parties with an interest in a dispute to be resolved by arbitration will be permissible only if all parties consent and the proposed additional party consents.
*Available in electronic and hard copy format.
DownloadNote:
A registration number is required in order to download and install CCDC’s electronic documents. Please refer to the Purchasing Documents section for instructions and the list of document outlets.
Instructions:
1. Purchase a registration number from a document outlet
2. Proceed to download your document by selecting the blue button above
3. Once in the registration form, please enter your registration number
4. Note that some fields in the registration form are mandatory.
Frequently Asked Questions
Hardcopy documents, electronic documents and copyright seals can only be purchased from an authorized document outlet. Please contact your nearest document outlet for further ordering and pricing information.
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You do not need to purchase a complete set. All CCDC documents can be purchased individually. However if you want all of the CCDC documents it is more economical to purchase a complete set rather than purchase each document individually.
- Always make certain that you have the most current printer drivers installed for your printer.
- Always try to use the latest version available of the Adobe Acrobat Reader.
- If you purchased a single document make sure you click on the individual document listed and not on the “Complete set of documents” button.
- If you purchased a complete set of documents make sure you click on the “Complete set of documents” button and not on the individual documents listed.
- If you continue to have problems with your registration number, please contact [email protected] or 613-236-9455.
The legislation of the applicable province will set out who can take affidavits and declarations. In Ontario for example, the Commissioners for Taking Affidavits Act, states who can take affidavits and declarations. Some individuals by virtue of their office are automatically entitled to do so. This includes provincial judges and Members of the Legislative Assembly, lawyers entitled to practise in the Province, and municipal councillors to name a few. The Attorney General can also appoint Commissioners pursuant to this Act, which is typically the Commissioners of Oaths present in construction associations. They will have stamps and certificates to prove their standing.