ACEC Supports Members' Right to Litigation
and Alternative Dispute Resolution (ADR)
The Association of Consulting Engineering Companies-Canada (ACEC) is aware that there are municipalities (and other public agencies) that are prohibiting engineering firms and contractors from participating in procurement opportunities with the municipality, sometimes for an extended period of time, if they are or have been engaged in either litigation or alternative dispute resolution (ADR) with that municipality. ACEC categorically opposes this practice.
In support of its members, ACEC-Canada’s Board of Directors has formally adopted the following position on procurement during litigation and alternative dispute resolution.
Every Canadian has the right to go to court, this being one of the fundamental freedoms enjoyed by Canadians by way of our Charter of Rights and Freedoms. Consequently, ACEC-Canada believes that its member firms have the legal and contractual right to engage in litigation and/or alternative dispute resolution (ADR) with their public clients and have the right to defend themselves without threat.
ACEC therefore opposes the practice by public owners of excluding firms from participating in procurement opportunities or otherwise penalizing them for past or current claims and disputes with that owner or other owners.
ACEC believes such sanctions by public clients effectively coerce member firms into not exercising their legal rights (both in law and contractually) by threat of barring them from participating in projects if they are or have been legitimately involved in litigation, arbitration or alternative dispute resolution. ACEC member firms are entitled to due process. Further, such sanctions penalize firms even when litigation or ADR shows that the firms have been proven to be in the right, or even when client-launched actions are proven to be frivolous and vexatious.
ACEC members are free to share this advisory with affected parties, including clients.
If you have questions or concerns regarding this issue, please contact:
John Gamble, ACEC President
(613) 236-0569 ext. 201
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