Looking to settle a dispute?
MMCD General Conditions provide for a Referee role in resolving contstruction disputes.
Section 17 of the MMCD General Conditions outlines the MMCD dispute resolution process. You can also refer to the flow chart for Disputes in the MMCD 2019 edition.
- If a dispute is unresolved 5 Days after delivering a Dispute Notice, then either party may take steps to engage a referee;
- Ideally, the parties agree on the appointment of a Referee of their own choosing (GC 17.5.2(1));
- If no agreement, then either party can request MMCD Association to appoint a Referee (GC 17.5.2(2));
- MMCDA then checks availability of MMCD Certified Referees;
- If a Certified Referee is available, then MMCDA appoints the Referee (GC 17.5.2(2));
- The parties to the dispute pay all costs associated with services, which approximates the Association of Consulting Engineers Companies - British Columbia (ACEC-BC) Fee Guideline ($270 - $320 per hour), plus expenses.
Who are "Certified Referees"?
Certified Referees must hold the Certified Contract Administrator (CCA) certification from MMCDA.
The process to become a MMCD Certified Referee is as follows:
- Submit an application including two reference letters and the application screening fee ($50 + GST).
- The Referee Certification Committee screens the applications against criteria
- Accepted applicants pay for traiing course ($550 + GST) and prepare for course
- Accepted applicants attend course and write exam (Exam fee is $100 + GST)
- Those who pass exame will become Certified and must sign agreement with MMCDA:
- use of fee schedule
- disclosure of any conflict of interest
- willingness to stay current with MMCD changes
- willingness to provide Dispute feedback to MMCDA
Candidate is then added to the list of MMCD Certified Referees.
Formally Requesting an MMCD-Appointed Referee
MMCDA maintains a list of Certified Referees, but does not contact them about their potential availability until a formal written request is received from one or both of the parties in a Dispute (GC 17.5.2(2)).
The formal request can be made by email to firstname.lastname@example.org and should include:
- Declaration that all the preliminary Dispute Resolution steps have been completed
- A copy of the Dispute Notice
- Copies of all related documents required by GC 17.3.3 for MMCD to provide to potential Referees
- The version of MMCD on which the contract is based
If the parties have completed the steps above, and are unable to mutually agree on a referee, per GC 17.5.2(1), they may contact the MMCD office to formally request that the Association appoint a Referee.
The MMCDA does not release the names of potential Certified referees who might be available for appointment by MMCDA, because there are stringent timing requirements, and because Referees may already be engaged or otherwise unavailable.
Checklist for Possible Application for the MMCD Referee Service?
1. Has a Dispute Notice been issued (GC 17.3.1)?
2. Have negotiations taken place regarding the Dispute (GC 17.4.1)?
3. Have the parties agreed on a mutually acceptable referee? (GC 17.5.2)?
4. Have the parties reviewed the following references, videos, general conditions and process diagram cited below?