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.