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Offering Construction Services: New ProDem Exclusions as of January

It is the OAA’s position that construction services should not be provided through a Certificate of Practice in Ontario. While the OAA does not discourage members from pursuing other avenues of business (e.g. providing construction services under a separate entity), doing so may create conflicts of interest and other issues that need to be addressed.

Pro-Demnity Insurance Co. recently introduced a new restriction on coverage, entitled “Excluded Services Endorsement,” which will be effective as of January 1, 2022. Construction Phase Architectural Services where the Architect is also providing the Delivery of Construction Services on the same project is no longer covered.

The new endorsement in the Pro-Demnity policy better defines the distinction between “Construction Phase Architectural Services”—the usual and customary services of an Architect—from “Delivery of Construction Services,” which is not usual or customary.

Members are encouraged to reach out to Pro-Demnity with any questions as well as review the FAQs for additional guidance/detail on this policy change. Additional information can be found in the link above, as well as in Practice Tip PT 26, Conflict of Interest Guideline–Provision of Architectural Services and Construction Services. You can also access the Act and regulations here.
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