By Clive Thurston
Special to Ontario Construction News
As many of you are aware, CCDC has now released the CCDC2 – 2020, which is an update of the previous 2008 version. Both versions will be available over the next several months to allow the introduction of the new document. It would be my recommendation that owners begin moving to the new document as soon as possible to get used to it and move the industry forward to what we hope will be a better paying, more user-friendly standard contract.
There are already numerous information sessions being done to introduce the new CCDC 2 and Division 01. I would like to focus on the changes made to Division 01.
The new Division 01 is now called “CCDC Master Specification for Division 01 – General Requirements”. Several provisions that were formally found in the previous CCDC 2 – 2008 have been moved into the Division 01, the intent being to move commonly customized “process and procedure” terms into an editable document and thereby eliminate the need for supplementary conditions to deal with them.
See: New CCDC-2 form updates stipulated price construction contract rules
The provisions that have been relocated include:
- Documents at the site
- Submittal schedules
- Protection of work
- Cutting and batching
- Cleaning requirements
- Contract security requirements
It is important to note that that this Division 01 is not a default contract document listed in Article A – 3 of the CCDC 2 – 2020 form and must be expressly added. If you are using the new Division 0I, be sure that any older version of Division 0I which may be contained in the specification package is removed.
Among the changes to note is the change in the Definition of the word “provide”. This has been redefined to mean:“When used in the context of a product, read the word provide to mean, supply and install to result in a complete installation ready for its intended use”. This makes clear the intent: to “provide” a product means more than simply delivering it to site and includes installing it ready to use.
This along with other changes is especially important for contractors to understand and note. As a further example, “documents at the site” can now include a list that can be expanded by the owner to include hard copy and/or electronic documents that must be kept at the place of work.
The submittals clause has also been expanded and contains several new points which bidders, both generals and trades. should take note of, as failure to do so could leave them open to costs and damages later in the project.
GC 3.10.4 dealt with shop drawings in the previous 2008 document but is no longer included in CCDC 2. It has been moved to Division 01 in section 01 33, paragraph 1.2, Shop Drawings and Product Data, which specifies the form of shop drawing submittals in detail. These now clarify that on shop drawings submittals they will include the contractor stamp, date and signature of the contractor’s authorized representative responsible for creating the shop drawing review, indicating that the shop drawing has been reviewed for compliance with the contract documents and, where applicable, that field measurements have been verified.
There are several further changes to the submittal procedures section that contractors and trades should pay particular attention to.
Cutting and patching, formally under GC 3.12.1 of CCDC 2, is now contained in Section 1 73 29 – Cutting and Patching. Generals should bring this to the attention of all trades involved, as well as their own forces.
Cleaning requirements have also been relocated to the Section 01 74 00 – Cleaning and Waste Management. This was formally found under GC 3.1.3.1 in the CCDC – 2008. Note the requirement for progressive cleaning.
One of the most important issues that we always deal with is the closeout of the project and final payment. Formerly this was dealt with under GC 3.13.3 of CCDC 2 but is now in section 01 77 00 – Closeout Procedures. This is where you will find the requisite provisions governing final payment spelled out, including the information and other actions that you must take to obtain final payment
These are some of the major changes that contractors and their trades need to be aware of when bidding projects. Division 0I will take on a new importance, and you must be prepared for them and account for them in your tendering.
There is one final especially important issue that needs to be pointed out: Division 01 is an editable document, and changes can be made throughout it simply by using Word and not using supplementary changes as is normal with the CCDC contract. More time and attention must be spent to identify potential changes.
I would strongly recommend that any owners who might make changes to the Division 01 form (besides filling in the blanks which the document provides for) should highlight what they have done in order to assist the contractors and their trades to identify them and ensure they take note of them.
Even a small change of a word, for instance from “may” to “shall” can have a major impact on the risk and cost of the project. With the considerable amount of time that goes into preparing a bid and the need to make it as straightforward as possible, any changes that are made to Division 01 that are highlighted will make it that much easier for those tendering the project to submit their best prices and avoid disputes and problems down the line.
Clive Thurston is the former Ontario General Contractors’ Association (OGCA) president. He can be reached at (416) 399-2250 or email clive@thurstoncs.com.