Episode 93: Modular Contracts: What Canadian Projects Get Wrong

Canada's modular construction market reached $5.5 billion CAD in 2025 — but the legal frameworks governing most of those projects are still built on standard contract forms designed for conventional site-based construction. Construction lawyers Max Gennis and Matt Gaulton of WeirFoulds LLP lay out the specific contract gaps that create disproportionate risk on modular projects, and why Canada's standard-form bodies (CCDC and CCA) haven't closed those gaps yet. For developers, GCs, and capital partners structuring modular deals in Canada, this episode is a direct-risk briefing. Key Takeaways: Canada's modular market grew from $5.1B CAD (2024) to $5.5B CAD (2025), now representing 5.5% of total Canadian construction with a 5.2% CAGR — outpacing the overall industry by 1 full percentage point. The multifamily sector leads at ~$2.48B CAD with a 7.3% CAGR; the lodging sector, while smaller at ~$235M CAD, is forecasted to grow at 6.1% — nearly 3 points above conventional construction in that sector. Neither the CCDC nor the CCA has published standardized contract forms for modular or prefabricated construction, meaning parties relying on these forms must draft robust supplementary conditions from scratch. Advance payment risk is the sharpest exposure: owners paying for factory setup and material procurement before delivery need explicit ownership-transfer language, plus performance security (bonding or irrevocable standby letter of credit) as a baseline. Factory inspection rights must be written into the contract explicitly — including periodic access during production, a final factory acceptance check before modules ship, and clear deficiency-resolution protocols before transportation. Storage and transit provisions — including storage duration at the factory, conditions at third-party storage yards, module labeling and separation, and cross-provincial transport logistics — are consistently under-addressed in current contracts. Tariff clauses covering cross-border material cost volatility and cross-jurisdictional compliance (factory province vs. site province) are now essential contract elements, not optional addenda. Until the CCDC and CCA release dedicated modular contract forms, supplementary conditions are effectively the real contract on any Canadian modular project. Owners and contractors who treat standard forms as a sufficient starting point are accepting risk that hasn't been priced or allocated. The right moment to build the contractual framework is before fabrication starts — not after the first module is ready to ship and a dispute is already forming. Subscribe to Built Different for daily updates on Modular construction reality.