The Builder Client Contract is a fundamental legal document used throughout Canadian provinces to establish and govern the relationship between construction professionals and their clients. This contract type is essential for any construction project, whether residential, commercial, or industrial, and provides comprehensive coverage of project specifications, legal obligations, and financial terms. It is specifically designed to comply with Canadian construction law, which is primarily regulated at the provincial level, including aspects such as construction liens, warranties, and consumer protection. The document serves as a crucial risk management tool, protecting both builders and clients by clearly defining project scope, quality standards, timelines, and dispute resolution procedures. It should be customized based on project size, complexity, and specific provincial requirements while maintaining core elements that ensure legal enforceability and practical functionality.
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1. Parties: Identification and details of the Builder/Contractor and the Client
2. Background: Context of the agreement and general purpose of the construction project
3. Definitions: Definitions of key terms used throughout the contract
4. Scope of Work: Detailed description of the construction work to be performed
5. Contract Price and Payment Terms: Total cost, payment schedule, and payment conditions
6. Project Timeline: Start date, completion date, and key milestones
7. Builder's Obligations: Comprehensive list of the builder's responsibilities and duties
8. Client's Obligations: Client's responsibilities including site access, approvals, and decisions
9. Materials and Workmanship: Quality standards, material specifications, and workmanship requirements
10. Changes and Variations: Process for handling change orders and variations to the original scope
11. Permits and Compliance: Responsibility for obtaining permits and ensuring regulatory compliance
12. Insurance and Liability: Insurance requirements and allocation of risks
13. Warranties: Warranty terms for workmanship and materials
14. Termination: Conditions and process for contract termination
15. Dispute Resolution: Process for resolving disputes between parties
16. General Provisions: Standard legal provisions including notices, governing law, and entire agreement
1. Site Conditions: Special provisions for dealing with existing site conditions, used when there are known site challenges or uncertainties
2. Environmental Requirements: Special environmental considerations and requirements, included when project has specific environmental impacts
3. Subcontractors: Terms regarding the use and management of subcontractors, included when subcontracting is anticipated
4. Temporary Facilities: Provisions for temporary structures and facilities, needed for larger construction projects
5. Safety and Security: Specific safety protocols and security requirements, important for high-risk or sensitive projects
6. Financing Conditions: Terms related to project financing, included when specific financing arrangements are involved
7. Liquidated Damages: Specific penalties for delay or non-performance, used in time-sensitive projects
8. Force Majeure: Provisions for unforeseen circumstances, particularly important in long-term or complex projects
1. Schedule A - Construction Drawings: Detailed architectural and engineering drawings
2. Schedule B - Construction Specifications: Detailed technical specifications for materials and construction methods
3. Schedule C - Payment Schedule: Detailed breakdown of payment milestones and amounts
4. Schedule D - Construction Timeline: Detailed project schedule with milestones and deadlines
5. Schedule E - Material Specifications: Detailed list of approved materials and products
6. Schedule F - Site Plan: Detailed site layout and access points
7. Appendix 1 - Required Permits: List of required permits and approvals
8. Appendix 2 - Insurance Requirements: Detailed insurance specifications and coverage requirements
9. Appendix 3 - Warranty Certificates: Forms and terms for warranty coverage
Authors
Relevant legal definitions
Clauses
Relevant Industries
Construction
Residential Development
Commercial Real Estate
Industrial Construction
Infrastructure Development
Home Renovation
Property Development
Engineering Services
Architecture
Interior Design
Building Materials
Project Management
Relevant Teams
Legal
Operations
Construction
Project Management
Risk Management
Commercial
Procurement
Business Development
Contracts Administration
Quality Assurance
Relevant Roles
Construction Manager
Project Manager
Contract Administrator
Legal Counsel
Risk Manager
Quantity Surveyor
Site Supervisor
General Contractor
Construction Executive
Operations Director
Business Development Manager
Estimator
Procurement Manager
Chief Operating Officer
Commercial Director
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