Question 1

"Deficiency Management and Holdbacks" video - Contract Consideration Series

Accepted Answer

(12m) Brian Weeks discusses defects and deficiencies as they apply throughout an MMCD contract, how and when holdbacks can be taken and when they must be returned, and how the owner has ongoing protection.

Watch this and other Contract Consideration videos on MMCD Association's YouTube Channel.

Question 2

"Fair Standby Charges" video - Contract Consideration Series

Accepted Answer

(12m) Brian Weeks defines Standby Charge, outlines the concepts of what makes up standby charges, and how they should be calculated or verified to meet the contract language of the MMCD. He also offers a simple approach to determining appropriate equipment rates.

Watch this and other Contract Consideration videos on MMCD Association's YouTube Channel.

Question 3

"User Guide Error - Offsetting Quantity Variations" video - Contract Consideration Series

Accepted Answer

(8m) MMCD identified differences between the printed and electronic versions of the User Guide commentary on GC 9.4 regarding Offsetting Quantity Variations.

Brian Weeks clarifies the misinformation contained in Section 3 of the User Guide, reviewing the errors made during revisions to Volume II between the Gold and Platinum editions, and how to correct them.

Question 4

"Dispute Resolution" video - Contract Consideration Series

Accepted Answer

(15m) Brian Weeks discusses the topic of Dispute Resolution under MMCD rules. He explains,

• The need for a process

Watch this and other Contract Consideration videos on MMCD Association's YouTube Channel.

Question 5

"The Importance of the Agreement" video - Contract Consideration Series

Accepted Answer

(15m) In this presentation, Brian Weeks highlights some of the critical features of the document called the 'Agreement' in the Master Municipal Construction Document regime.

The Agreement is the most important document in all the documents that form a complete construction contract. As such, it is vital that all parties (owners, contractors and the contract administrator) know what it enables and disallows.

Watch this and other Contract Consideration videos on MMCD Association's YouTube Channel.

Question 6

"3 Ways to Change a Subcontractor" video - Contract Consideration Series

Accepted Answer

(15m) In this video Brian Weeks discusses why an Owner might want to change a Subcontractor and the 3 ways this can be possible using the Master Municipal Construction Documents.

Watch this and other Contract Consideration videos on MMCD Association's YouTube Channel.

Question 7

"GC 12 May Not be Enough" video - Contract Consideration Series

Accepted Answer

(9m) General Condition 12 in the MMCD deals with the discovery of unexpected hazardous materials during the course of a construction project.

The Master Municipal Construction Documents were specifically designed to create contracts for sub-grade municipal infrastructure such as sewers, waterline and other utilities. The very nature of this type of work implies unknown conditions. Since it is not practical to do geotechnical investigations continuously along the proposed route of a new project, we must expect surprises. One type of surprise is the discovery of unexpected hazardous materials.

A core philosophy supporting the MMCD is that risk should be apportioned based on who can best manage it. Also, we do not want bidders to have to include large contingency amounts for unknown risks on every tender. So how do we put these objectives into effect concerning hazardous materials? Find out in this 9-minute presentation by Brian Weeks.

Watch this and other Contract Consideration videos on MMCD Association's YouTube Channel.

Question 8

"Force Account Schedules - An Awful Idea" video - Contract Consideration Series

Accepted Answer

(10m) In this video, Brian Weeks hopes to convince you that the MMCD Association got it right when they intentionally did not require tenderers to submit schedules of force account rates as part of the required tender package.

Brian provides a better solution to the problem that prompts Owners to ask for such schedules.

Find out more in this 10-minute presentation, and watch more Contract Considerations videos on MMCD Association's YouTube Channel.

Question 9

"Partial vs. Staged Substantial Performance" video - Contract Consideration Series

Accepted Answer

(14m) In this short video, Brian hopes to clarify for you the difference between Partial Substantial Performance, which is illegal, and Staged Substantial Performance, which is permitted in BC.

NB: Due to the ever changing nature of the law, anyone who has a significant concern regarding liens, holdback, and holdback releases, should get up-to-date legal advice from a lawyer.

Watch this and other Contract Consideration videos on MMCD Association's YouTube Channel.

Question 10

"Prime Contractor Responsibilities" video - Contract Consideration Series

Accepted Answer

(12m) Brian Weeks outlines the responsibilities of the Prime Contractor and discusses the implications of designating the general contractor as the prime contractor for WorkSafeBC purposes.

Watch this and other Contract Consideration videos on MMCD Association's YouTube Channel.