Seeking Articles from Associate Partners

In the most recent edition of the OGCA Members Newsletter, the association launched an exciting new section titled “Clarity in Contracts.”

This section was a result of the members of the OGCA having tabled a considerable number of tender issues to the association and requesting assistance in removing, clarifying or qualifying onerous language from tender documents. The onerous, dictatorial and one-sided style of tender terms and provisions are only going to increase as the buyers of construction continue to attempt to download all responsibility onto our general contractors. 

Since contract terms have such an overall impact on our members, and contactors should always be cognizant of the terms they are agreeing to in all of their contracts, the OGCA has launched this information section in our newsletter, and all articles will also be highlighted on our website, to educate the members on any and all of the onerous and potentially harmful contract language. The overall purpose of this section is to assist our contractor members in navigating the complex, and at times, convoluted world of construction contracts.

Every issue will yield new information for our members to properly arm themselves in their contract negotiations and provide members with the potential consequences of not addressing onerous, dictatorial and one-sided contract terms. The goal of this section is threefold:

1. provide contractors with clarity and understanding of the provision in layman’s terms 
2. to highlight and explain the potential problems the contractor faces if the language is not amended, and
3. suggest alternative language to provide a more balanced approach to the contract

All of this is to encourage our members to read and fully understand the contract terms they are potentially agreeing to when signing construction agreements.

This is where the APP members get to shine! 

The OGCA is seeking articles from the professional organizations that our members rely upon to provide them with the proper guidance to avoid such pitfalls. The OGCA is not limiting your input, and we are always looking to educate our members on the following:

• Any tender and/or contract terms that may be onerous, dictatorial or one-sided (legal, insurance, surety or otherwise)
• Any potential topics that may affect all of our members and require an explanation 

The first article was courtesy of McMillan LLP on Indemnities and Limitations of Liability. Please read it here so that you can see what we are seeking.

To stimulate some thought, some of our members have recently expressed interest on articles and provisions around COVID-19 and the downloading of all responsibilities onto the contractor. Any takers?

The OGCA welcomes all articles that highlight in layman’s terms what the provision actually means, the potential pitfalls of not amending and alternative suggested language that provides for a more balanced approach to the contract.

If anyone has any ideas and/or questions, please contact me directly at giovanni@ogca.ca