Failures
Undefined scope
Undefined scope
Undefined scope is not regulated; legislation does not require measurable, objective, or complete scope definitions.
— General contract law.
— Construction / Builders’ Lien legislation.
— Prompt Payment and Adjudication frameworks.
The scope of work is described only in general terms, without measurable boundaries, quantities, or acceptance criteria.
— Pricing basis and entitlement to payment.
— Determination of completion and acceptance.
— Valuation, authorization, and management of changes.
Worker Performs additional tasks without clear entitlement to additional payment.
Contract interpretation · Statutory adjudication (where available) · Court
Observed · Not regulated · Operative as market logic
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Provincial contract law
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CanLII — scope interpretation jurisprudence
Unpriced changes
Unpriced changes
Unpriced changes are not regulated; legislation does not require advance valuation, pricing, or formalization of changes.
— General contract law.
— Prompt Payment and Adjudication frameworks.
— Construction / Builders’ Lien legislation.
Changes to the scope of work are performed without an agreed price, valuation method, or formal change order.
— Entitlement to payment and payment timing.
— Cash-flow stability.
— Schedule certainty and coordination.
Worker Additional work may remain unpaid or be paid late.
Statutory adjudication (where available) · Contract interpretation · Court
Observed · Not regulated · Operative as market logic
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Provincial contract law
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CanLII — scope interpretation jurisprudence
Acceptance ambiguity
Acceptance ambiguity
Acceptance criteria are not regulated; legislation does not prescribe how completion must be defined or confirmed.
— General contract law.
— Construction / Builders’ Lien legislation.
— Prompt Payment and Adjudication frameworks.
Completion and acceptance criteria are undefined, subjective, inconsistent, or fragmented across multiple contract documents.
— Trigger for final or milestone payment.
— Close-out procedures and handover.
— Release of liability, warranties, and limitation periods.
Worker Work may be rejected despite tasks being performed.
Acceptance interpretation · Statutory adjudication (where available) · Court
Observed · Not regulated · Operative as market logic
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Provincial contract law
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CanLII — acceptance and completion jurisprudence
Misaligned risk and price
Misaligned risk and price
Alignment between assumed contractual risk and contract price or insurance coverage is not regulated by legislation.
— General contract law.
— Construction / Builders’ Lien legislation.
— Prompt Payment and Adjudication frameworks.
The scope of responsibility and risk assumed by a party is not reflected in the contract price, insurance limits, or risk-transfer mechanisms.
— Economic balance of the contract.
— Sustainability of risk allocation.
— Predictability of performance and payment.
Worker Performs work under risk exposure not reflected in compensation.
Contract interpretation · Statutory adjudication (where available) · Court
Observed · Not regulated · Operative as market logic
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Provincial contract law
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CanLII — risk allocation and pricing jurisprudence
Delay without baseline
Delay without baseline
A defined baseline schedule, critical path, or delay-allocation framework is not regulated; legislation does not require their inclusion.
— General contract law.
— Construction / Builders’ Lien legislation.
— Prompt Payment and Adjudication frameworks.
No agreed baseline schedule, milestone structure, or allocation of delay responsibility exists.
— Timeline accountability.
— Attribution of delay cause and responsibility.
— Entitlement to extensions, damages, or relief.
Worker Idle time or unpaid delays reduce effective earnings.
Contract interpretation · Statutory adjudication (where available) · Court
Observed · Not regulated · Operative as market logic
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Provincial contract law
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CanLII — construction delay jurisprudence