Via the
Practice Hotline, it has been brought to the OAA’s attention that some owners are requesting certificate of practice (CoP) holders to sign a CCDC 31 Service Contract Between Owner and Consultants
CCDC 31 Service Contract Between Owner and Consultants is a standard form of contract that originated as Association of Consulting Engineers of Canada (ACEC) 31. The ACEC approached CCDC about taking over responsibility for the contract, which it did, republishing it as CCDC 31 in 2020.
Keeping in mind it was originally written
by engineers and
for engineers to be compliant with the various legislation across Canada governing engineers, there were concerns within the architectural community about its suitability for use in contracting for architectural services. CCDC 31 was endorsed by the Canadian Construction Documents Committee with the provision the contract contains the disclaimer “CCDC 31 is not intended to be used as a contract for Architectural Services.” This may be found as the first note at the end of the Table of Contents page.
Despite this disclaimer, some clients are requesting it be used as the contract for architectural services. To the extent this would allow the client to have only one form of contract to administer the request is understandable. The contract does not address the differences in legislation governing CoP holders and engineering practices, differences in the roles of CoP holders and engineers, and differences in practice between CoP holders and engineers. The Association endorses the use of the
OAA 2021 Contract Suite for architectural services.
If considering signing a CCDC 31 contract, CoP holders should obtain legal advice about what CCDC 31 contains, which provisions/protections of OAA 600 it is missing, and how it may change the role of the holder. Holders should also obtain insurance advice about the potential impact on professional liability insurance exclusions and coverage.
This article originally appeared in the Practice Advisory newsletter, which is developed by the OAA’s Practice Advisory Services team to offer numerous resources for both members and the public. The OAA does not provide legal, insurance, or accounting advice.
Readers are advised to consult their own legal, accounting, or insurance representatives to obtain suitable professional advice in those regards.