ACA is pleased to announce the release of our completed Plain Language Guide to Alberta Infrastructure’s Construction Management Agreement.
Developed over several years, this guide reflects the collaborative work of ACA, our industry partners at the Consulting Architects Association and Consulting Engineers Association, and Alberta Infrastructure. Through ongoing dialogue, we have worked together to improve understanding of the Agreement, support balanced risk allocation, and provide greater clarity for industry.
Our conversations with government and industry partners have included a number of different topics, including, but not limited to:
- Limit of Liability – request to establish a reasonable commercial liability cap excluding third-party claims.
- Sole, Absolute, and Unfettered Discretion – impose joint obligation of reasonableness and good faith, with exceptions only for the conflicts of interest.
- Prompt Payment and Interest – include statutory minimum interest on overdue and disputed payments and avoiding waiving interest rights.
- Force Majeure Relief Events – Extreme Weather – clearly define what constitutes “extreme” weather and allow relief.
- Request for Information – there should be accountability for timely responses impacting critical path.
- Deficiency Holdbacks – should reflect a reasonable assessment of actual deficiency value.
- Dispute Resolution Escalation – early involvement of senior decision-makers; simplify the escalation path.
ACA has developed this Guide to offer a high-level overview of Alberta Infrastructure’s Construction Management Agreement. ACA extends our sincere appreciation to Alberta Infrastructure for its time, engagement, and thoughtful consideration of industry’s perspectives throughout the development process.
The guide is intended to provide a high-level overview of the Agreement by offering explanatory commentary and practical insights to help industry understand its key provisions, their application and potential impact on a project. Throughout the guide, we have taken an objective and balanced approach, recognizing both the government’s intent and the practical considerations faced by industry. It is designed as a complementary resource and is not a substitute for independent legal or contractual advice.
While there is always more work to do, we appreciate Alberta Infrastructure’s willingness to engage collaboratively throughout this process. As procurement practices and contracts continue to evolve, this guide will remain a living document, updated as new information, practical experience, and future revisions to the Agreement emerge.
Thank you to everyone who contributed their expertise and time to this initiative. Collaborative efforts like these help strengthen construction procurement, contract administration, and outcomes for Alberta’s construction industry.