C-65.1, r. 5 - Regulation respecting construction contracts of public bodies

Section 47 Disposition versions

2012-09-01

47. The contractor may file a dispute over the value of a change in writing to the public body within 15 days of the issue of the change order pursuant to section 46. In such a case, the parties must pursue the negotiations as follows:

(1)  in the case of work relating to a building, the negotiations are pursued in accordance with sections 50 to 52; or

(2)  in the case of civil engineering work other than work relating to a building, the parties pursue the negotiations with a manager representing the public body and an officer of the contractor with a view to settling the dispute in whole or in part.

If the public body and the contractor cannot settle the dispute in accordance with subparagraph 2 of the first paragraph, the contractor may submit a claim to the public body. In the absence of an agreement between the public body and the contractor, the parties retain all their rights and remedies, in particular those under section 54.

O.C. 532-2008, s. 47.