The Agreement For Construction Of House is a crucial legal document used in the Canadian construction industry when a property owner engages a contractor to build a residential property. This agreement serves as the primary contract governing the entire construction process, from groundbreaking to final completion. It is designed to comply with Canadian federal and provincial construction laws, including the National Building Code, provincial building codes, and local municipal regulations. The document typically includes detailed specifications about construction methods, materials, timelines, payment schedules, and quality standards. It protects both the property owner and the contractor by clearly defining roles, responsibilities, and risk allocation. This type of agreement is essential for any residential construction project in Canada, particularly when the construction value exceeds local small claims court limits or when the project complexity requires comprehensive documentation.
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1. Parties: Identification of the Owner and Contractor, including full legal names and addresses
2. Background: Context of the agreement, including property details and general purpose
3. Definitions: Key terms used throughout the agreement
4. Scope of Work: Detailed description of the construction work to be performed
5. Contract Price and Payment: Total price, payment schedule, and terms including holdbacks
6. Time for Completion: Project timeline, milestone dates, and completion requirements
7. Contractor's Obligations: Responsibilities including permits, materials, labor, and site management
8. Owner's Obligations: Access to site, approvals, and other owner responsibilities
9. Changes and Change Orders: Process for requesting and implementing changes to the work
10. Insurance and Indemnity: Required insurance coverage and indemnification provisions
11. Warranties: Contractor's warranties on workmanship and materials
12. Default and Termination: Events of default and termination procedures
13. Dispute Resolution: Process for resolving disputes between parties
14. General Provisions: Standard legal provisions including notices, assignment, and governing law
1. Site Conditions: Special provisions for dealing with existing site conditions or environmental issues
2. Heritage Requirements: Special requirements for heritage properties or conservation areas
3. Materials Sourcing: Specific requirements for sourcing or using particular materials
4. Subcontractors: Provisions governing the use and management of subcontractors
5. Financing Conditions: Requirements related to construction financing or mortgages
6. Environmental Standards: Special environmental or green building requirements
7. Weather Conditions: Provisions for dealing with weather-related delays or impacts
8. Utility Services: Special provisions for connection or relocation of utilities
1. Schedule A - Construction Drawings: Detailed architectural and engineering drawings
2. Schedule B - Construction Specifications: Detailed technical specifications for all aspects of construction
3. Schedule C - Payment Schedule: Detailed breakdown of payment milestones and amounts
4. Schedule D - Construction Timeline: Detailed project schedule with milestones and critical dates
5. Schedule E - Material Specifications: Detailed list of materials to be used and their specifications
6. Schedule F - Permits and Approvals: List of required permits and approvals with responsibilities
7. Schedule G - Insurance Requirements: Detailed insurance requirements and coverage limits
8. Appendix 1 - Site Plan: Detailed plan showing property boundaries and building location
9. Appendix 2 - Finish Schedule: Detailed specifications for all interior and exterior finishes
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