Following the Fort McMurray CCA Meetings, the CIC (Civil Infrastructure Council)/CICC agreed to fund a court challenge of the City of Burnaby’s use of reprisal clauses against a contractor. The basis of the challenge is the Constitutionality of these clauses, though to proceed, they need to provide affidavits from contractors that have chosen to abandon their claims (or settled for less) because of the chilling effect of being blacklisted pursuant to a Reprisal Clause in tender documents.
The matter is relatively urgent as the lawyers need to finalize their written arguments by March 24, 2017. To support this deadline, they would need affidavits by no later than Monday, March 13, 2017.
If your firm has been directly impacted by reprisal clauses and you wish to assist with this endeavour, please send your comments to Bill Ferreira at CCA (bferreira@cca-acc.com).