2) Construction disputes are inevitable no matter how carefully a contract is
written. The parties may place a different interpretation on its terms and conditions. The performance of the parties to the contract may fall short of the requirements of the To mae an award within the stipulated time or! if empowered by the terms of the submission! to enlarge upon the time in which to mae an award. The time must be enlarged prior to the e"piration of the originally specified time. #A To appoint! if necessary! a Cler to assist in the administrative duties of the arbitration. The parties to the dispute may also To attend all meetings of the arbitration hearing! unless the submission indicates otherwise. Consent of the parties is required to allow an arbitrator to be absent from a hearing but this is not considered to be good party is denied the opportunity to present his To tae evidence in each case where consistent with the conditions and provisions of the submission. $t is important that the evidence To administer the oath or affirmation to the parties and witnesses. This To disclose their personal nowledge and sill related to the sub%ect of a dispute to both parties in order that the parties may give weight to any decision. This statement can be made at any time up to and after the award. The arbitrator&s tas is complete when an award is delivered but the obligation of confidentiality remains in perpetuity. ') There are basically three types of evidence in arbitration ( oral evidence! documentary evidence and physical evidence. )ral evidence is that given in person by a witness! usually as testimony under oath or affirmation. *ocumentary evidence is the provision of documents to prove facts. The documents may be letters or contracts but they can also include sworn affidavits and! though it is desirable to have the original documents before the arbitration! it is acceptable in many %urisdictions to allow copies to be entered as e"hibits. This relieves the arbitrator of the responsibility associated with original documentation upon completion of the arbitration. +hysical evidence is the production of ob%ects that have a direct relevance to the issue. $t can also tae the form of an ad%ournment to a site to allow the arbitrator to see physical evidence for himself.
The procedure or taing evidence is as follows, The party who began the Arbitration! the plaintiff! calls his witnesses in order. -ach witness is first e"amined by the party by whom he is called. This is called direct e"amination or e"amination(in(chief. .uch witnesses are liable to be cross(e"amined by the other side. /inally they may be re(e"amined by the party by whom first called. 0hen the plaintiff&s case is completed! the other side calls its witnesses and the foregoing procedure is adopted for the other side. $n certain circumstances! such as the introduction of new evidence by the other side! the party who began is allowed to bring forward further evidence as rebuttal 1) The basis of mediation is that it is the settlement of a dispute by the parties themselves. There is no imposition by another person or authority! no winner or loss of face and the parties will have retained a relationship which will in the long run liely be more valuable than the costs of a settlement. The process is relatively very quic and ine"pensive and what is very important to many! it remains private. 2ediation differs from *ispute resolution in the fact that the dispute is settled only if all the parties agree. Also the mediator cannot impose an agreement and should not offer one without the agreement of the parties. 6) The steps to handling a mediation process are as follows, A written outline of each party3s position will enable the mediator to become familiar with the disputes#s). /ollowing the appointment of the mediator a conference of the parties with the mediator and advisors to the parties enables both sides to state their positions and the mediator to obtain a good outline of the dispute. This will be followed by the mediator meeting privately with each party in turn #caucusing) to further e"plore their particular positions! areas of strengths and weanesses and possible concessions that could be offered. /urther conferences with all parties present and caucusing as necessary! will liely provide the mediator with sufficient information to enable the parties to be swayed to an acceptable agreement. Agreement is by the parties and should be in writing and signed by the parties and the mediator. 0here legal representation is present then the agreement should also be approved by them from a legal standpoint. The mediator cannot impose an agreement and should not offer one without the agreement of the parties. CC*C 2 requires parties to a contract to appoint a pro%ect mediator within 45 days after the contract is awarded or failing that within 61 days after either party gives notice in writing to the other party that a pro%ect mediator be appointed. 0here disputes under the contract are not resolved in the specified time through negotiation then the +ro%ect 2ediator will be requested to assist the parties to reach agreement. The mediated negotiations should be conducted in accordance with the latest edition of the 7ules of 2ediation of CC*C 2 Construction *isputes. 0here the dispute is not resolved within 65 woring days after the +ro%ect 2ediator was requested to assist or such further time as the parties may agree then the +ro%ect 2ediator shall terminate mediated negotiations by giving written notice to the parties. The contract then provides for the dispute to proceed to arbitration. 8) The main purpose of the building code is to protect public health! safety and welfare! to protect wormen engaged in construction rather than to safeguard financial interests! trade union privileges! or traditional building material or methods. The need for a national building code or by(law is to set minimum requirements respecting the safety of buildings with reference to public health! fire protection! and structural sufficiency.
A building code or by(law will accomplish the following, +ermit the use of any material or method that complies with the minimum of accepted performance standards related to the material or method. Adopt! by reference! other building codes or nationally accepted performance standards. +rovide the right to appeal and obtain legal remedy for any grievance caused by the requirements of a building code or by(law or the enforcement of them. 9e sub%ected to periodic review for up(to(date revisions of it. :) 0hile building codes are enacted to govern the design and construction of buildings of all types! ;oning 9y <aws are enacted to regulate the use of land with respect to the nature of use and occupancy! height of structures and building density. =) =.6) A fire separator is defined as a construction assembly that acts as a barrier against the spread of fire. =.2) A fire resistance rating measures the length of time a representative portion of an assembly is able to withstand the conditions of the standard test. =.4) /irewalls are special fire separations that subdivide a building into two or more entities which may be considered individual buildings for the purposes of fire protection. =.') /ire stops are elements of building assemblies that are installed at strategic locations to resist the spread of fire from one space to another. /ire stops maintain the integrity of a fire separation by filling gaps around pipe or duct penetrations. They limit the si>e and interconnection of concealed spaces within wall and floor assemblies! crawl spaces! attics or ceiling spaces. =.1) )ccupant load is the number of persons for which a building or part of a building is designed. The principal application of occupant load is to determine the number and width of e"it facilities that must be provided! the determination of the number of sanitary fi"ture required in washrooms! whether a fire alarm system should be installed! and as one of the parameters used to establish whether a building is sub%ect to the requirements for high buildings. 65) 0orer3s Compensation provides a simple and speedy relief for worers who become disabled to any degree by reason of accidental in%ury arising out of and in the course of their employment. The system also maes provision! both directly and indirectly! for the dependants of in%ured worers. $t provides worers freedom from the costs of litigation! compensation for the loss of the capacity to earn owing to disability arising from accidental in%ury sustained while woring! and! in the event of a death from such a cause! provides sustenance for the dependants. The worer3s compensation system frees the employer from legal action which might be otherwise brought by the employees and places compensation benefits under such control as to ensure fair and proper use as intended by the Acts. 66) )bligations of the -mployer
The employer must ensure that employees have a safe place in which to wor and must employ competent worers. ?e must issue rules! regulations and warnings where ha>ardous woring conditions do e"ist. An employer is required to pay an employee according to the minimum wage rates of the +rovince in which the employee is woring. -ach +rovince has enacted legislation establishing minimum wages! rates of pay! for worers in factories! shops! hotels! restaurants! etc. -mployees cannot waive or forego any provision of such Acts. Also included in most of these Acts are provisions prohibiting employers from intimidation! or threatening to discharge employees for assisting in the enforcement of the 2inimum 0age Acts. 2ost of these Acts mae provision for an employee to recover the difference between the minimum wage and what was actually paid! should the employee have been paid less than the statutory minimum wage. $n addition to being required to pay minimum wages according to 2inimum 0age Acts! an employer is also required to pay fair minimum wages according to $ndustrial .tandards Acts! where such are applicable. .uch $ndustrial .tandards Acts fi" fair minimum wages as distinguished from minimum wages set by other statutes and apply! generally! to those particular industries described in the Acts. /inally! the employer must comply with legal requirements as to hours of wor! holidays with pay! or pay in lieu of holidays as set out in the various statutes.
)bligations of the -mployee An employee is e"pected to use reasonable care and sill in the performance of wor. $f any employee is engaged because of a special sill the employee alleges to possess! he or she is e"pected to e"ercise that alleged sill. An employee is e"pected to be punctual as to the attendance at wor! honest! courteous to the employer and obey instructions given to him. An employee must wor daily! unless there is an e"press or implied agreements to the contrary. /lagrant violations of any of the above obligations may be grounds for the dismissal of an employee and! in certain circumstances! the employee could be liable for damages! such as a stoppage in pay for lateness. 62) The basic principal of collective bargaining means that a union speas for all its members in the employ of an employer with whom it is bargaining. 64) An in%unction is a court order restraining persons named in it from doing particular acts. 6') A <ien! at Common <aw! is the right to hold another3s property as security for debt. $t is also the right to charge property in another3s possession with the payment of a debt or performance of a duty. A <ien! is the right to retain #hold)! but not to tae possession of! the debtor3s goods until paid. $n common law! only those party to a contract acquire rights under that contract. Therefore subcontractors! suppliers and wormen who have provided valuable services to an owner to add value to the owner3s property have no corresponding rights to compel the owner pay them if the contractor is either unwilling or unable. The subcontractors! suppliers and wormen acquire personal rights against the contractor or subcontractor they have contracted with but acquire no interest in the land which they have improved. To correct this inequitable result that can result from common law Canadian provinces have adopted what was originally an American concept! the construction! builders3 or mechanics3 lien. 0hile the legislation differs widely form province to province the basic premise is that certain specified persons who have performed wor or supplied services or materials for the benefit of the owner of the land! whether under direct contract or under a subcontract! obtain some measure of security for payment by enabling them to register a lien against the owner3s land. 61) The amount of holdbac retained in )ntario is 65@ and in Alberta it is 61@. 66)The various provincial 7egistration Acts establish the basic principle that as between registered documents the priority of registration must prevail. $n other words the first lien registered taes precedent over all others that follow. 68)To e"ercise the right to register a lien the following steps are necessary, Complete a claim form The claim must be verified by an affidavit of the person claiming the lien! or his agent or his assignee # the person to whom the claim has been assigned) 7egister the claim and file copies of it in the appropriate land registry office! this is often referred to as preserving the lien. The registration may be made any time before the e"piration of '1 days after the end of wor A preserved lien will e"pire unless it is perfected. This is accomplished by commencing an action to enforce the lien within the time period specified in the act. A lien will e"pire if an action to enforce the lien has not been commenced within the time periods specified. 6:)The owner is only liable for A655!555. The owner is not required to pay more than the contract price. 6=)The owner will have to clear the property of liens before he can sell the property. 25))ne of the basic obligations of the Architect to their client is the certainty that actual construction complies with the design drawings and specifications comprising the construction contract. $f an independent testing company is used the role of the Architect as related to the verification of quality and performance efficiency is limited to indicating when! how and to what e"tent such inspection is done by the $TC.