General Condition (GC) 8 – Dispute Resolution - <100K – Construction Services

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Archived - Standard Acquisition Clauses and Conditions Manual | CanadaBuys

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Legal text for SACC item

  1. The Contractor may, within ten (10) days after the communication to the Contractor of any decision or direction referred to in GC6.1, "Changes in the Work", and GC2.2, "Interpretation of Contract", protest that decision or direction.
  2. A protest referred to in paragraph 1) of GC8 shall be in writing, contain full reasons for the protest, be signed by the Contractor and be given to Canada.
  3. If the Contractor gives a protest pursuant to paragraph 2) of GC8, any compliance by the Contractor with the decision or direction that was protested shall not be construed as an admission by the Contractor of the correctness of that decision or direction, or prevent the Contractor from taking whatever action the Contractor considers appropriate in the circumstances.
  4. The giving of a protest by the Contractor pursuant to paragraph 2) of GC8 shall not relieve the Contractor from complying with the decision or direction that is the subject of the protest.
  5. Subject to paragraph 6) of GC8, the Contractor shall take any action referred to in paragraph 3) of GC8 within 3 months after the date of the Certificate of Completion referred to in GC5.6, "Final Completion", and not afterwards, except where it is otherwise provided by law.
  6. The Contractor shall take any action referred to in paragraph 3) of GC8 resulting from a direction under GC3.13, "Warranty and Rectification", of Defects in Work, within three (3) months after the expiry of a warranty or guarantee period and not afterwards, except where it is otherwise provided by law.
  7. Subject to paragraph 8) of GC8, if Canada determines that the Contractor's protest is justified, Canada shall pay the Contractor the cost of the additional labour, Plant and Material necessarily incurred by the Contractor in carrying out the protested decision or direction.
  8. Costs referred to in paragraph 7) of GC8 shall be calculated in accordance with GC6.4, "Determination of Price".
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