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Since 2022, there have been three waves of amendments to the Competition Act resulting in the most significant revisions to Canada’s competition laws in over a decade.
Canada | Publication | October 2021
The most widely used project delivery method in Québec is the “traditional” approach, in which the services of the lowest cost compliant general contractor are retained based on the drawings and specifications prepared in advance by the client and its professionals.
In the past few years, clients have increasingly been moving away from the traditional method in favour of alternative project delivery methods due to the advantages they afford: stronger collaboration between project stakeholders, better allocation of risks and fewer disputes, to name but a few.
The most frequently seen alternative, the “design-build” method, has the distinctive feature of entrusting the design services to a design-builder, which acts both as designer and builder. The fact that the design builder is responsible for the design helps limit constructability issues and problems with coordinating the drawings and specifications of various trades.
However, there are certain disadvantages to the procurement processes that lead up to the award of a design build contract. These include:
In light of these inconveniences, a new project delivery method is emerging in the market – the progressive design-build (PDB) method.
The PDB method is based on the premise that the best value for the project will be achieved by allowing the design-builder to draw on its expertise, experience and creativity right from the design phase.
The procurement process of the PDB method has four (4) main steps:
Step 1 |
Selection of a design-builder (design/project management services) The contract is awarded upon completion of a request for proposals that includes a qualitative evaluation and a price. A design-builder is then selected based on its expertise, experience and, to a lesser extent, the price bid for the design services proposed. Once the request for proposals is completed, a single design and project management services contract is awarded to the design-builder. |
Step 2 |
Design phase During this phase, the design-builder develops the design in close collaboration with the client. The design-builder’s compensation is established based on its initial proposal (usually a fixed price or hourly rate capped by a maximum amount). |
Step 3 |
Process leading up to the awarding of the construction contract Once the design is sufficiently advanced, the design-builder is invited to submit a fixed proposal following the bilateral construction contract award process. If the parties are in agreement, the construction contract is awarded to the design-builder. If a price cannot be agreed on, the client will then have the option to go to the market with the drawings and specifications developed by the design-builder for the purposes of retaining a general contractor who will carry out the work. |
Step 4 |
Construction phase The work will be completed based on the final drawings and specifications developed during the design phase. |
The advantages that the PDB method provides to both the design-builder and the client include:
Although the PDB delivery method is starting to spread in British Columbia and the United States, it has not yet made its way to the rest of Canada and Québec. One variant of this concept developed by Defence Construction Canada does, however, exist in Québec – the modified design-build mode that is currently used in the fighter squadron facility project in Bagotville.
The PDB method is not an option for all public-sector clients – at least not for the time being – due to the regulatory framework that governs public contracts in Québec. Our current rules favors that lump sum construction contracts be awarded to the proponent having proposed the lowest price. The PDB method is an option in the private sector, however.
Finally, the PDB method is an interesting solution in Québec for clients that are looking for a more flexible procurement process and wish to better maximize their project’s value, especially in a context of labour shortage where it is in the stakeholders interests to work together to better allocate and control the risks associated with completing large projects.
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Since 2022, there have been three waves of amendments to the Competition Act resulting in the most significant revisions to Canada’s competition laws in over a decade.
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