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Positive Discussions with FRANCOachat Concluded

The OAA is pleased to advise it has recently concluded a very constructive dialogue with FRANCOachat—a shared service organization managing the procurement for nine French-language school boards in Ontario—regarding its Supplementary Conditions (SCs) to OAA 600-2013, Standard Form of Contract for Architect's Services.

These discussions have taken place over the course of the past year, with focused dialogue occurring in the last five months. During this time, a number of issues had been raised by the OAA pertaining to risk and liability issues, professional insurance coverage, roles and responsibilities, as well as compliance with the Architects Act. Clauses related to business decisions were also identified and discussed. This cooperative effort has resulted in a more evenly balanced set of supplementary conditions to OAA 600 that will now be used consistently by FRANCOachat on the majority of its projects. These SCs are dated April 6, 2021. Members should note that this consultation does not include endorsement of the SCs. It is also noted that SC 64, which amends section 8.2, includes wording that is not covered by a member’s professional liability insurance policy. Acceptance of these SCs remain at the discretion of each individual architect responding to the RFP.

The discussion with FRANCOachat follows on other successful dialogue that the OAA has had with several other clients regarding their Supplementary Conditions. The OAA is hopeful additional major clients will, like FRANCOachat, work with the OAA to create RFPs and contract terms and conditions that are compliant with the Architects Act and Regulations and do not present conditions of unreasonable risk and liability or ask architects to contract out of their professional responsibilities.
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