ACA Publishes Industry Alert Regarding Contract A Removal

The Alberta Construction Association (ACA) is issuing a province-wide industry notice following the confirmation of cases of removal of “Contract A” from the procurement process by some project owners, in the province.

We have seen instances of municipalities and public agencies adopting this language and practice in their procurement process. We note with some alarm that they are beginning to increase in the province, and this is a very concerning trend for our construction members. ACA has continued to advocate for the use of standard contract language, such as CCDC, because it protects both parties fairly and consistently.

The attempted removal of “Contract A” is a significant violation of the public sector procurement process and may constitute unacceptable levels of risk for contractors. It is important to note that a procurement document that includes wording attempting to exclude Contract A will not necessarily, in and of itself, waive the common law duty of the owner to act fairly. However, contractors should be aware of this practice and how best to manage through it.

Please contact your local construction association or ACA at info@albertaconstruction.net, if you become aware of any irregularities in the procurement process for public owners.

To read the full alert including what you as a contractor can do, please see link below:
http://albertaconstruction.net/wp-content/uploads/2024/08/20240812-Contract-A.pdf