Final Reflective Paper Assignment

NAME: MANSURI AAMIR

STUDENT ID: C0763264

Name of subject: Construction contracts and laws

When I joined this course, I did not know about the Canadian constitution, how to form a
contract between two parties, types of agreement, bidding procedure like an invitation to
bid, Request for proposal, and what is the use of CCDC in the construction industry.
However, after studying this subject, I have got enough knowledge and cleared all my
doubts related to the necessary things about this construction industry.

These days many people come to Canada from different countries around the world, so
some of these countries have different laws and regulations systems than Canada. New
people need to learn about laws that are not the same and difficult to understand, and they
might wonder when they find many differences. When people come to Canada, they bring
ideas about the law that they learned in their own countries. They may be surprised to find
there are many differences here. It is vital for newcomers to know that the laws are not the
same, and to understand the differences.

Also, I have learned about the Canadian constitution, which says a set of rules defined by
government and rights and freedom of people. I have also learned about labor laws, laws
for architects and engineers, and all laws are differ from province to province, which we
should consider when we work in different regions. We also learned about the Canadian
court system, like how a dispute can be dealt with in provincial court or supreme court and
which matter can be an appeal in federal court.

There are three types of systems which are D-B-B, D-B, and C-M at risk or Management. The
most common project delivery method in Canada is D-B-B (Design Bid Built). This system an
owner signing one contract with a General contractor to carry out a project. In this case, the Owner
does need to interact directly with subcontractors. In this system, the Owner hires the Architect

and Contractor separately for designing and construction of the project. In the Design-Build
system, there is a contractual agreement between an owner and the design-build contractor. In the
construction management system, CM either acts as an agent or constructor. In CM Agency
Construction Manager, being hired on a fee basis for service and acts on the Owner's behalf to
manage and coordinate the project on best interests of the Owner. The Owner retains all the risks
associated with the project.

In contrast, in CM at risk, the Construction Manager carries all the risk and administrative burden
associated with the contracted work, for which the Manager is contractually responsible. I also

learned about the roles and responsibilities of different parties n each delivery system.
Apart from this, we also got a chance to know about negotiation and competitive bidding.

I also got a chance to know about the contract, which is an enforceable voluntary
agreement between more than one party. I have also studied what is expressed and implied
contract terms in a contract. The critical thing that l learned about contract formation is
offer, acceptance, and consideration.

Here is the most important thing that we should learn about CCDC Canadian Construction
Documents Committee and all CCDC Documents are endorsed by national organizations
which are Association of Consulting Engineering Companies – Canada (ACEC), Canadian
Construction Association (CCA), Construction Specifications Canada (CSC),.There are
different types CCDC Available in markets such as CCDC 2 – Stipulated price contract, CCDC
3- Cost-plus contract, CCDC 4-unit price contract, CCDC 5A- CM for services, CCDC 5B-CM
for services and construction. It is the significance for the project teams to consider the
essential factors like Project Price, project complexity, and responsibility of each party,the
Owner's contract management risk, and the cost-time ratio for project completion.for
example,in Unit Price Contract (CCDC 4 – 2011) is used in the situations where rates for
work are certain but quantities are not defined properly. Under this format, the contractor
needs to perform the work for a fixed price for each unit of work. The total contract price is
calculated by adding all unit prices together.
I came to know about types of agreement in construction industry like Alliance agreements,
Partnership agreements, Professional service agreements, Engineering service agreements,
Architectural service agreements and each agreement should include these clauses such as
the scope of the work, time of project completion, changes in the contract, Addenda, Surety
bond, and insurance, indemnification, termination Rights, clauses for any dispute resolution.

Overall,I have learned so many important things so far which is very crucial for my future
when I will be working as a project manager.