Alternatives to the Alternatives – A Review of ADR Procedures Currently available to the Construction Industry in Canada.
by John G. Davies B.Arch., C.Arb.
“Claims should not be regarded as either inevitable or unpalatable, and complying with claims procedures should not be regarded as being an aggressive act.”
(The FIDIC Contracts Guide)
Stepped Alternative Dispute Resolution (ADR) provisions have been progressively incorporated into Canadian standard construction contracts (and the standard subcontract) since the concept was first introduced in 1994.
Typically these provisions exist to permit an aggrieved party to challenge:
1. an interpretation, application or administration of the contract or a failure to agree where the contract requires such agreement, which has not been resolved by a finding of the consultant (or, in the subcontract agreement, the contractor) … or