One of the unique features of the MMCD General Conditions is the Dispute Resolution process.  This is a multi step process which is designed to minimize field conflict while providing the maximum opportunity for the two parties to reach a mutually agreeable solution. 

An early step in this process is the mandatory involvement of a “Referee”.  The Referee can be mutually chosen by the two disputing parties or, failing agreement, appointed by the MMCD Association.  The Referee is not involved to act as a mediator or arbitrator, but rather as an independent third party viewing the dispute from a knowledgeable perspective.  The Referee quickly evaluates the situation and writes a report to the two parties giving an opinion of which is more likely to succeed if the Dispute eventually goes to arbitration or litigation.  The expectation is that by getting a dispassionate opinion early the two parties will be more willing to settle quickly rather than expending large amounts of time, effort and money to get a similar judgment later. 

From time to time, the MMCD Association solicits applications from individuals throughout BC to become certified Referees to provide a pool of qualified personnel who can be appointed upon request by the parties involved in a construction contract dispute.  Numerous Referees will be needed to provide geographic and sectoral coverage.  Even when appointed by the MMCD Association, Referees are engaged by the parties under personal service contracts.  Appointed Referees are required to bill their time and expenses according to the Association approved rate schedule.  (Current fee rate: $125/hour plus expenses.) 

Referee candidates are required to have: at least 12 years of relevant senior experience in construction of municipal works; at least 5 years of which must have been in North America; a good command of English – both written and oral; physical capability to access construction sites, both above and below grade; an understanding of construction contract administration; and the flexibility to be  available on short notice.   Candidates who meet the screening criteria will be required  to take a fifteen hour training course and pass an examination before becoming certified.