The Contract Between Builder And Client is a fundamental legal document used in the Canadian construction industry to formalize construction project agreements. It is essential for any construction project, whether residential, commercial, or industrial, where a builder or contractor is engaged to perform construction work for a client. The document is structured to comply with Canadian federal and provincial construction laws, including the Construction Lien Act, National Building Code, and provincial consumer protection legislation. It provides comprehensive coverage of project specifics, including scope of work, payment terms, timelines, warranties, and dispute resolution mechanisms. This contract type is particularly important as it protects both parties' interests by clearly defining responsibilities, risk allocation, and project expectations while ensuring compliance with Canadian construction industry standards and regulations.
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1. Parties: Identification of the builder/contractor and client with full legal names and addresses
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 contract price, payment schedule, and payment conditions
6. Timeline and Completion: Project schedule, milestones, and completion requirements
7. Builder's Obligations: Responsibilities and obligations of the builder including quality standards
8. Client's Obligations: Responsibilities and obligations of the client including site access and approvals
9. Changes and Variations: Process for requesting and implementing changes to the scope of work
10. Insurance and Indemnity: Insurance requirements and indemnification provisions
11. Warranties and Defects: Warranty terms and process for addressing defects
12. Termination: Grounds and process for contract termination by either party
13. Dispute Resolution: Process for resolving disputes between parties
14. General Provisions: Standard legal provisions including governing law and notices
1. Financing Arrangements: Terms related to project financing when client requires specific financing provisions
2. Materials Supply: Specific provisions for supply and storage of materials when client is providing materials
3. Permits and Approvals: Detailed section on responsibility for permits when complex approvals are required
4. Environmental Requirements: Special environmental considerations for projects with significant environmental impact
5. Site Security: Specific security requirements for high-security or sensitive locations
6. Subcontractors: Detailed provisions regarding subcontractors when significant subcontracting is anticipated
7. Temporary Facilities: Requirements for temporary facilities in complex or long-term projects
8. Quality Control Program: Detailed quality control requirements for projects with special quality needs
1. Schedule A - Detailed Scope of Work: Detailed specifications, plans, and drawings for the construction work
2. Schedule B - Project Timeline: Detailed project schedule with milestones and completion dates
3. Schedule C - Payment Schedule: Detailed breakdown of payment amounts and timing
4. Schedule D - Material Specifications: Detailed specifications for materials to be used in construction
5. Schedule E - Insurance Requirements: Specific insurance requirements and coverage amounts
6. Schedule F - Key Personnel: List of key personnel from both parties involved in the project
7. Schedule G - Site Plan: Detailed site plan and access requirements
8. Appendix 1 - Required Forms: Standard forms for change orders, payment applications, and other routine matters
9. Appendix 2 - Safety Standards: Specific safety standards and procedures to be followed
Authors
Relevant legal definitions
Clauses
Relevant Industries
Construction
Real Estate
Residential Development
Commercial Development
Infrastructure
Industrial Construction
Home Renovation
Property Development
Public Works
Architecture
Relevant Teams
Legal
Operations
Construction
Project Management
Finance
Procurement
Risk Management
Quality Assurance
Business Development
Contract Administration
Relevant Roles
Construction Manager
Project Manager
General Contractor
Construction Site Supervisor
Contract Administrator
Legal Counsel
Property Developer
Architect
Quantity Surveyor
Building Inspector
Procurement Manager
Risk Manager
Operations Director
Chief Executive Officer
Finance Director
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