General Contractor Contract With Owner for Canada

General Contractor Contract With Owner Template for Canada

This document represents a comprehensive construction agreement governed by Canadian law, establishing the contractual relationship between a property owner and a general contractor. It outlines the terms and conditions for construction project execution, including scope of work, payment terms, timeline, quality standards, and risk allocation. The contract incorporates relevant Canadian construction legislation, including provincial lien laws, safety regulations, and building codes, while addressing specific requirements for insurance, bonding, and dispute resolution in the Canadian construction context.

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What is a General Contractor Contract With Owner?

The General Contractor Contract With Owner is a fundamental document in Canadian construction law, designed to establish a clear contractual framework between property owners and general contractors undertaking construction projects. This agreement is essential for projects of various scales, from commercial developments to institutional buildings, and incorporates requirements specific to Canadian federal and provincial construction regulations. The document addresses crucial aspects including payment terms, lien rights, workplace safety compliance, and insurance requirements, while providing mechanisms for project management, change orders, and dispute resolution. It's particularly important in the Canadian context due to specific legislative requirements around prompt payment, liens, and labor laws that vary by province. The contract serves as the primary reference point for project execution, risk allocation, and responsibilities of all parties involved in the construction process.

What sections should be included in a General Contractor Contract With Owner?

1. Parties: Identifies and provides full legal details of the Owner and the General Contractor

2. Background: Describes the project context and the Owner's intention to engage the Contractor

3. Definitions: Defines key terms used throughout the contract

4. Scope of Work: Details the work to be performed by the Contractor, including general requirements and exclusions

5. Contract Price and Payment: Specifies the contract sum, payment schedule, and procedures for progress payments

6. Project Timeline: Sets out the commencement date, substantial completion date, and any milestone dates

7. Contractor's Obligations: Lists the Contractor's responsibilities, including supervision, labor, materials, and compliance with laws

8. Owner's Obligations: Specifies the Owner's responsibilities, including site access, permits, and timely decisions

9. Changes and Change Orders: Procedures for requesting, pricing, and implementing changes to the work

10. Insurance and Bonds: Required insurance coverage and bonding requirements

11. Indemnification: Mutual indemnification provisions and liability limitations

12. Warranty: Warranty terms for workmanship and materials

13. Termination and Suspension: Grounds and procedures for contract termination or work suspension

14. Dispute Resolution: Process for resolving disputes between parties

15. General Provisions: Standard contract clauses including notices, assignment, and governing law

What sections are optional to include in a General Contractor Contract With Owner?

1. Hazardous Materials: Required when the project involves handling or disposal of hazardous materials

2. Subcontractor Requirements: Detailed when specific subcontractor qualifications or management procedures are needed

3. Liquidated Damages: Include when parties agree to specific damages for delay or performance failures

4. Force Majeure: Detailed provisions for unforeseen circumstances, particularly relevant post-COVID

5. Sustainable Construction Requirements: Include when project has specific environmental or sustainability goals

6. Site Security: Required for projects with specific security concerns or requirements

7. Public Safety Provisions: Include for projects in occupied buildings or public spaces

8. Financing Requirements: Include when project involves specific financing arrangements or requirements

What schedules should be included in a General Contractor Contract With Owner?

1. Schedule A - Scope of Work: Detailed description of work, including drawings, specifications, and exclusions

2. Schedule B - Contract Price Breakdown: Detailed cost breakdown including unit prices and allowances

3. Schedule C - Project Schedule: Detailed construction schedule with milestones and critical path

4. Schedule D - Required Insurance: Specific insurance requirements and coverage limits

5. Schedule E - Key Personnel: List of key project personnel and their roles

6. Schedule F - Forms and Procedures: Standard forms for change orders, payment applications, and other procedures

7. Schedule G - Technical Specifications: Detailed technical requirements and standards

8. Schedule H - Site Plan and Logistics: Site layout, access points, and logistics requirements

9. Appendix 1 - Drawing List: List of all applicable drawings and revisions

10. Appendix 2 - Permits and Approvals: Copies of or references to required permits and approvals

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Commercial Construction

Residential Construction

Industrial Construction

Infrastructure Development

Institutional Construction

Healthcare Construction

Educational Facilities

Retail Construction

Manufacturing Facilities

Public Works

Relevant Teams

Legal

Operations

Construction

Project Management

Risk Management

Finance

Procurement

Quality Assurance

Health and Safety

Commercial

Contract Administration

Executive Leadership

Relevant Roles

Project Manager

Construction Manager

Contract Administrator

Legal Counsel

Risk Manager

Quantity Surveyor

Site Superintendent

Chief Executive Officer

Chief Financial Officer

Operations Director

Commercial Director

Procurement Manager

Construction Estimator

Project Coordinator

Safety Manager

Quality Control Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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