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CCDC 14 & 15 (2026): design-build updates

For thirteen years, Canadian owners who wanted one firm to design and build used CCDC 14-2013 and its consultant companion, CCDC 15-2013, and patched them with Supplementary Conditions to catch up with CCDC 2-2020 and prompt payment law. In spring 2026, CCDC released new editions of both. This lesson covers what the 2026 forms change, what is still unclear from public sources, and what an owner should check before using them.

Learning outcomes

  • Describe how CCDC 14-2026 and CCDC 15-2026 fit together in a traditional design-build project.
  • Explain the new Effective Date, Contract Time and Ready-for-Takeover provisions in CCDC 14-2026.
  • Apply the new rules on owner's consultants, owner-provided design and Instruments of Service to an owner's decisions.
  • Identify which parts of the 2026 forms have been publicly summarized and which need a careful read of the form itself.

The lesson

Two forms, one design-build chain

CCDC describes CCDC 14-2026 as a standard traditional design-build prime contract between an Owner and a Design-Builder, in which the design-builder provides design services and construction under one agreement for a single stipulated price. CCDC 15-2026 is the downstream contract between the design-builder and its consultant; its title changed from "Design Services Contract" in 2013 to "Service Contract" in 2026. Osler, in a July 2026 post, calls these the first design-build updates since 2013, released alongside two new progressive design-build forms, CCDC 32 and CCDC 33, which lesson 17 covers. Osler also notes the 2013 forms remain available.

Osler lists the drivers: prompt payment and adjudication legislation in several provinces, higher expected insurance amounts, and newer concepts such as Ready-for-Takeover and early occupancy that arrived with CCDC 2-2020 and the 2025 construction management forms.

Contract chain under CCDC 14-2026 and CCDC 15-2026 The Owner, with its Statement of Requirements, holds a CCDC 14-2026 contract with the Design-Builder. The Design-Builder holds a CCDC 15-2026 service contract with its Consultant, and subcontracts with trades. The Owner may also engage its own consultants or provide design itself under GC 2.6; a dashed line shows that the Design-Builder must coordinate its design with that owner-provided design and identify deficiencies in it. The Consultant has no contract with the Owner. Owner Statement of Requirements CCDC 14-2026 Owner's own consultants Design-Builder single stipulated price CCDC 15-2026 Subcontracts Consultant and subconsultants Trades e.g. CCA 1 GC 2.6: the design-builder coordinates with owner- provided design and flags deficiencies in it. Contract Coordination duty, no contract
Figure 1. In traditional design-build the owner contracts with one design-builder, which engages the consultant under CCDC 15. The 2026 CCDC 14 adds rules for consultants the owner keeps for itself. Source: BRC, based on CCDC document descriptions, Fasken and Clark Wilson.

Effective Date, Contract Time and Ready-for-Takeover

Fasken describes three linked changes in CCDC 14-2026. A new defined Effective Date, recorded in the Articles of Agreement, is the starting point for services, payment and milestones. Contract Time now runs from the Effective Date to the stipulated Ready-for-Takeover date. And Ready-for-Takeover itself, in GC 12.1, is a condition-based milestone that is reached only when the GC 12.1.1 conditions are met and the Payment Certifier confirms it.

Osler lists some of those conditions: substantial performance certified by the payment certifier, final cleaning and waste removal, and delivery of operations and maintenance documents to the owner. The pattern follows CCDC 2-2020, which lesson 7 explains in detail. Substantial Performance still drives lien periods and holdback release; the warranty start and the cut-off for waiver of claims move to Ready-for-Takeover.

Starting Contract Time at the Effective Date matters more in design-build than in a build-only contract. The design period, the permit and procurement now all sit inside the design-builder's time. A late permit caused by an incomplete design submission is the design-builder's delay, not an owner's risk event, unless the contract says otherwise.

Owner's consultants and owner-provided design

Owners often keep some design in their own hands: a process layout, a specialist system or a racking design. The 2013 form said little about that. Fasken reports that GC 2.6 of the 2026 form lets the owner engage its own consultants or provide design itself, and requires the design-builder to coordinate its design with owner-provided design and to identify and address deficiencies in it. Clark Wilson adds that GC 2.6.2 and 2.6.3 require the owner to coordinate those consultants with the design-builder and to make their contracts compatible.

The duty runs both ways. The design-builder must catch problems in the owner's design, but the owner must deliver that design on time and make its consultants work with the design-builder. An owner that adds its own consultants should give them a schedule, a scope that matches GC 2.6 and a duty to respond to the design-builder's coordination comments.

Instruments of Service: who owns the design

Both 2026 forms add a defined term, Instruments of Service, for the drawings, models, specifications and other design deliverables. Clark Wilson summarizes the effect in CCDC 14 (GC 1.1.9 to 1.1.11): copyright stays with whoever prepared the documents; the owner may keep copies for use and occupancy of the project only; and if the owner modifies them, it indemnifies the design-builder for resulting claims and costs. In CCDC 15 (GC 5.2.1 and 5.2.3), the consultant owns its Instruments of Service, and the owner and design-builder receive a non-exclusive licence to use them for the project once the consultant's fees and reimbursable expenses are paid.

Instruments of Service: ownership and use under the 2026 forms The Consultant owns its Instruments of Service. Under CCDC 15, the Design-Builder and the Owner receive a non-exclusive licence for the project once the Consultant's fees and expenses are paid. Under CCDC 14, the Owner may keep copies for use and occupancy of the project only. If the Owner modifies the documents, it indemnifies the Design-Builder. Use for a future expansion or another project needs a separate licence. Consultant owns the Instruments of Service Gate: fees and expenses paid CCDC 15, GC 5.2.3 Design-Builder Non-exclusive licence for this project Owner Copies for use and occupancy of the project Owner modifies them? Owner indemnifies the D-B Expansion or reuse? Negotiate a licence CCDC 14, GC 1.1.9 to 1.1.11; CCDC 15, GC 5.2.1 and 5.2.3, as summarized by Clark Wilson. Paraphrased.
Figure 2. The owner gets a right to use the design for the project it paid for, not ownership of it. Source: BRC, based on Clark Wilson's summary of CCDC 14-2026 and CCDC 15-2026.

Insurance deductibles and liability

Fasken reports a new rule in GC 11.1.3: a deductible is shared between the parties in proportion to their responsibility for the loss, subject to the rest of the contract, and where the responsible party is not bound by the contract, the owner bears it. Commentators also say limitation of liability was substantially revised in both forms, with caps on insurable and uninsurable risks, but the public summaries do not give the amounts. Read Article A-1 and the liability GCs of the form you are signing before you rely on any number.

What is not yet clear from public sources

Osler names prompt payment and adjudication as reasons for the update but does not describe the new payment mechanics, and none of the summaries BRC reviewed says whether CCDC 14-2026 adds an owner's right to terminate for convenience like the 2025 construction management forms. CCDC's guide to CCDC 14 and 15, CCDC 44, is still the 2016 edition. Until a 2026 guide or fuller commentary appears, treat these points as things to confirm in the form, not assume.

TopicCCDC 14-2026 / 15-2026, as publicly summarized
Completion milestoneReady-for-Takeover (GC 12.1), confirmed by the Payment Certifier; Substantial Performance kept for liens and holdback
Contract TimeFrom the new Effective Date to Ready-for-Takeover
Owner's consultantsAllowed under GC 2.6; design-builder coordinates and flags deficiencies
Design ownershipInstruments of Service stay with the preparer; owner use limited to the project
DeductiblesShared in proportion to responsibility (GC 11.1.3)
Liability capsRevised; amounts not in public summaries
Prompt payment, termination for convenienceNot described in public summaries; read the form

Northgate worked example

Northgate Distribution Centre (fictional) is a 12,000 m² tilt-up warehouse in Vaughan for Northgate Logistics Inc. (fictional), procured in fact as design-bid-build under CCDC 2-2020 with Ridgeline Architects Inc. (fictional) as the owner's consultant; see the Northgate fact sheet.

What if Northgate had been procured as design-build under CCDC 14-2026? Suppose Northgate Logistics had signed a CCDC 14-2026 contract with a design-builder on the same day as M0, Monday January 11, 2027, with Ready-for-Takeover targeted for M9, Friday January 14, 2028. The design-builder engages its own consultant under CCDC 15-2026. Northgate Logistics keeps one consultant of its own, for the racking layout that its separate racking contractor installs from M10. Everything else in this section is illustrative.

Contract Time now carries the design

Figure 3 shows the effect of the Effective Date. Under the real CCDC 2-2020 contract, Ridgeline's design was finished before tender, and Halvorsen's time covered construction. Under a CCDC 14-2026 version, the 368 calendar days from January 11, 2027 to January 14, 2028 cover design completion, the permit, procurement and construction. If the permit (M2, February 26, 2027) slips because the design-builder's drawings were incomplete, the delay is inside the design-builder's Contract Time.

Northgate as design-build: Contract Time from Effective Date to Ready-for-Takeover A vertical timeline. Monday January 11, 2027: Effective Date, Contract Time starts. Permit design in January and February, the permit on February 26, 2027 and construction all fall inside Contract Time. Friday January 14, 2028: Substantial Performance certified, which starts the lien and holdback clocks once published, and Ready-for-Takeover confirmed, which ends Contract Time and starts the warranty and waiver of claims periods. Monday January 17, 2028: owner's racking installation starts using the owner's own consultant's layout. 368 calendar days of Contract Time. Hypothetical CCDC 14-2026. Shaded: Contract Time, 368 days. Jan 11, 2027 Effective Date (M0)Contract Time starts Jan to Feb Permit design by the D-BInside Contract Time Feb 26, 2027 Permit (M2)A late permit is the D-B's delay Mar 2027 on Construction (M3 to M8)Procurement and build Jan 14, 2028 SP certified; RFT confirmed (M9)Contract Time ends; warranty starts Jan 17, 2028 Racking starts (M10)Owner's own consultant's layout
Figure 3. In a design-build version of Northgate, Contract Time runs 368 calendar days from the Effective Date to Ready-for-Takeover and includes the design and permit. Dates from the Northgate fact sheet; the design-build procurement is hypothetical. Source: BRC, based on Fasken's summary of CCDC 14-2026.
View the data
DateEventEffect
Mon Jan 11, 2027Effective Date (M0)Contract Time starts
Fri Feb 26, 2027Building permit (M2)Inside the design-builder's time
Fri Jan 14, 2028Substantial Performance and Ready-for-Takeover (M9)Lien and holdback clocks (after publication); Contract Time ends; warranty starts
Mon Jan 17, 2028Racking and occupancy start (M10)Owner's separate contract

Contract Time from January 11, 2027 to January 14, 2028 is 368 calendar days.

The racking interface

The 9.75 m clear height and ESFR sprinklers depend on the racking layout, because the sprinkler design must suit the storage arrangement. If Northgate Logistics provides the layout through its own consultant, GC 2.6 makes the design-builder coordinate with it and flag deficiencies, and makes the owner coordinate its consultant and keep that contract compatible. The owner's representative should put the layout delivery date in the master schedule as an owner's activity driving the sprinkler design, because a late layout is now the owner's delay.

Using the drawings later

Suppose Northgate Logistics plans a future expansion. Under the 2026 forms it may keep the Instruments of Service for use and occupancy of this building, but reusing them for an expansion, or altering them, needs a licence and, if the owner modifies them, carries an indemnity to the design-builder. If expansion is likely, negotiate the licence now, while the owner still has leverage.

Owner's move

  • Use the 2026 forms on new design-build projects. They align with CCDC 2-2020 and the 2025 CM forms, so fewer Supplementary Conditions are needed to catch up.
  • Write a tight Statement of Requirements. In design-build, it is the owner's main scope document; gaps become the design-builder's choice.
  • Schedule owner-provided design. Under GC 2.6, owner design has dates and coordination duties; put them in the master schedule.
  • Negotiate design reuse up front. Expansion, replication and modification rights belong in the contract, not in a later negotiation.
  • Read the payment, liability and termination clauses yourself. Public summaries do not cover them in detail yet.

Common mistakes

  1. Treating 2013 Supplementary Conditions as plug-and-play. Many of them patched gaps the 2026 forms now fill differently.
  2. Measuring delay from construction start. Contract Time runs from the Effective Date and includes design.
  3. Keeping owner design informal. Unscheduled owner design is the easiest delay claim a design-builder has.
  4. Assuming the owner owns the drawings. It receives a project-limited right to use them.
  5. Relying on commentary for numbers. Caps, payment periods and notice periods must be read from the form.

Quick quiz

  1. Under CCDC 14-2026, as Fasken describes it, Contract Time runs from:

    1. The permit to Substantial Performance
    2. The Effective Date to Ready-for-Takeover
    3. Mobilization to final completion
    4. Tender close to occupancy
  2. Who confirms Ready-for-Takeover under CCDC 14-2026?

    1. The owner's lender
    2. The municipality
    3. The Payment Certifier
    4. The design-builder alone
  3. Under GC 2.6, if the owner provides part of the design, the design-builder must:

    1. Ignore it
    2. Redesign it at its own cost
    3. Coordinate with it and identify and address deficiencies
    4. Take ownership of it
  4. Under CCDC 15-2026, when do the owner and design-builder receive their licence to use the consultant's Instruments of Service?

    1. At contract signing
    2. Once the consultant's fees and reimbursable expenses are paid
    3. At Ready-for-Takeover
    4. Never; the consultant keeps all rights
  5. Which statement is true of the CCDC 14-2026 milestones?

    1. Substantial Performance no longer matters
    2. Substantial Performance still drives liens and holdback; warranty starts at Ready-for-Takeover
    3. Warranty starts at the Effective Date
    4. Ready-for-Takeover replaces the Construction Act test
Show answers and explanations
  1. B. Contract Time runs from the new Effective Date to the stipulated Ready-for-Takeover date, so design is inside it.
  2. C. The Payment Certifier confirms that the GC 12.1.1 conditions are met.
  3. C. GC 2.6 requires coordination and the identification and addressing of deficiencies in owner-provided design.
  4. B. The non-exclusive licence follows payment of the consultant's fees and reimbursable expenses.
  5. B. The statutory test still governs liens and holdback; the contract moves warranty and waiver timing to Ready-for-Takeover.

Key terms

Design-builder
The single firm that provides both design and construction to the owner under CCDC 14.
Statement of Requirements
The owner's document setting out what the project must achieve; the design-builder designs to it.
Effective Date
Under CCDC 14-2026, the contract date recorded in the Articles of Agreement, from which Contract Time runs.
Instruments of Service
The drawings, models, specifications and other design deliverables, owned by whoever prepared them.
Owner-provided design
Design the owner supplies itself or through its own consultants, governed by GC 2.6.
Ready-for-Takeover
The contract completion milestone, reached when listed conditions are met and confirmed by the Payment Certifier.

References

  1. CCDC, CCDC 14-2026 Design-Build Stipulated Price Contract (document page).
  2. CCDC, Documents (list including CCDC 15-2026 and CCDC 44-2016).
  3. Osler, CCDC releases 2026 documents for design-build and progressive design-build contracting (July 2026).
  4. Fasken, Redefining design-build: key updates in CCDC 14-2026 and the launch of CCDC 32-2026 (June 2026).
  5. Clark Wilson LLP, Key updates to CCDC design-build suite: CCDC 14, 15, 32 and 33 (2026) (June 2026).

Verified on November 6, 2026.

Next lesson in this trackProgressive design-build: CCDC 32 & 33

This lesson is general education, not legal advice. Get advice from a construction lawyer on your contract.

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