April 21, 2020
This is a minority of owners, but it is disturbing that some of them are well known to us. These are public entities or large corporations that seem to value the dollar more than they value the health and safety of the workers that are performing these projects.
We have recently sent out tender alerts in regards to a number of issues: the use of delay clauses; the use of the default clause; and risks that may be associated with that going forward. We are working continuously to get clear direction from the government, as well as lobby strongly for protection against liquidated damages, and reprisal clauses.
In the meantime, it is gratifying to see a major city – the city of Winnipeg – move forward in a progressive manner. We were recently copied about clauses added to their contract, to directly address COVID-19 delay problems. Here is an owner who does not think COVID-19 is the contractor’s problem and only the contractor’s problem. Please click here to read the City of Winnipeg clauses.
This is an example of an owner trying to be proactive in a positive manner. We are still assessing how we can apply this to Ontario contracts, but we certainly recommend it as positive reading and an example of trying to move forward with industry in a collaborative manner that will allow us to reopen successfully when the time comes.
Remember, the OGCA is here fighting for you and every general contractor in this province, member or not, and this is a fight that we have to win so as to protect your futures. We know many of you are struggling to meet the daily needs of maintaining your company, cash flow, looking after your employees and finding ways to ensure that, when the time comes and we are needed, as both the Premier and the Prime Minister have said, we will be ready to step forward and help rebuild our country and our province.