Is a broadly worded privilege clause appropriate in Additional Instructions to Tenderers?
A “broadly worded privilege clause” is a concept which the MMCD Association has discussed and rejected, because we anticipate that this will deter bidders
All tenders received were over budget. Can the project be retendered without alteration to the original tender package?
The GCs allow the owner to reject all bids, which they probably should do if they don’t have the funds to proceed.
There has been a preliminary deficiency holdback list with values sent out and it exceeds the final progress payment. What can a Contractor do?
Refer to General Conditions: GC 18.6, and GC 18.4.2. If there is a dispute about the established values, refer to GC 17.0.
On a unit rate contract what is the percentage of Overhead and Markup to be given when an item is deleted for the contract and a credit is required?
GC 9.4.6 applies. Either the Owner or the Contractor may request a revised unit price.
What are the MMCD spec recommendations for aggregate used for bedding residential waterlines in boulevards and the depth requrements for Saanich and Victoria?
Most local governments have specified utility cross sections, so best to inquire locally.
What is an allowable mark-up on my subcontractor usage for a project?
GC 10.1.1 (4 suggest a markup of 10% on actual subcontractor costs to cover all overhead and profit.
Can the CA use 200% of the value of defects and deficiencies to prevent Substantial Performance from being achieved?
Refer to GC 1.67.1 and GC 18.4.3
What happens when a Contractor breaches the contract?
Situation may require legal advice...but check the GCs for sections relevant to the alleged breach.
CCA benefits: Why should my company / municipality use a Certified Contract Administrator?
The CCA is an MMCD contract administration expert. Certified Contract Administrators (CCAs) voluntarily undertake a rigorous certification process through MMCD Association, which includes providing proof of education, practical experience, and professional references, a 16-hour training course, and writing a certification examination – all to ensure a fair process for all parties involved in completing your contract.
Can the Owner act as the Contract Administrator?
The owner can appoint a Contract Administrator from their staff, but since the CA is in an inherent Conflict of Interest,, there may be a shortage of volunteers!