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CCDC 31 (2020) – A new consultant contract

Author(s): Ethan McCarthy, Andrew Wong

Jun 1, 2021

Along with changes to CCDC 2 and CCDC 30, there is a new consultant contract in the form of CCDC 31. In this webinar, Ethan McCarthy, associate, Construction Law, and Andrew Wong, partner, Commercial, share their insights on the details of this new contract.

With regard to intellectual property, the consultant retains all rights in the instruments of service, which includes all plans, drawings and specifications. The owner has a non-exclusive licence to use the instruments of service solely for the purpose of constructing, using, maintaining, altering and adding to the project. Consent must be obtained if the owner wishes to use the instruments of service other than in connection with the project.

The consultant’s liability for claims is limited to claims made in writing within six years after the completion of professional services, or such shorter period prescribed by law. Third party claims for bodily injury, death and destruction of tangible property are excluded.

In terms of insurance, the consultant must hold the following:

  • professional liability
  • commercial general liability
  • automobile liability
  • aircraft and watercraft liability

The consultant must also require its sub-contractors to carry similar professional liability insurance.

Watch the webinar on demand