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

Article 50 Versions de la disposition

2025-09-08

50. The public body and the contractor must attempt to achieve the amicable settlement of any difficulty that may occur with respect to a contract in compliance, where applicable, with the terms and conditions specified in the contract to remedy the situation.

If the difficulty cannot be resolved, it may, in the cases determined by a regulation made pursuant to the first paragraph of section 21.48.26 of the Act, be submitted to a third-person-decider. It may also be submitted to a court of law or an adjudicative body, as the case may be, or to an arbitrator.

The public bodies referred to in subparagraph 1 or subparagraph 2 of the first paragraph of section 4 of the Act must obtain general or special authorization from the Minister of Justice in order to submit a difficulty to an arbitrator.

O.C. 532-2008, s. 50; D. 941-2025, s. 88.

2012-09-01

50. The public body and the contractor must attempt to settle amicably any difficulty arising from a contract by following the following steps and procedures:

1°  having a manager representing the public body and an officer of the contractor attempt to settle the dispute in whole or in part within 60 days after receipt of the notice of dispute from the contractor; the parties may agree to extend that period; and

2°  if the negotiations do not enable the dispute to be settled in full, the public body or the contractor may, by sending a written notice to the other party within 10 days after the end of the preceding step, require mediation of the unsettled issues, which must be carried out within 60 days following receipt of the notice of mediation; the parties may agree to extend that period.

If a notice of mediation is not sent within the time specified in subparagraph 2 of the first paragraph, the negotiation process is then terminated.

O.C. 532-2008, s. 50.