Joint Check Agreement In (Construction) Template for Canada

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Key Requirements PROMPT example:

Joint Check Agreement In (Construction)

"I need a Joint Check Agreement In (Construction) for a commercial building project in Ontario, where our general contractor will be issuing joint checks to a mechanical subcontractor and their material supplier for HVAC equipment worth CAD 2.5 million, with initial payments starting March 2025."

Document background
The Joint Check Agreement In (Construction) is a specialized contract used in Canadian construction projects when there are concerns about payment security or when managing complex supply chain relationships. This agreement is particularly valuable when suppliers require additional payment security, when subcontractors have limited credit history, or in projects with significant material costs. The document establishes a mechanism where payments are made via checks payable to both the subcontractor and their supplier jointly, ensuring that material suppliers receive payment while maintaining the traditional contractual hierarchy. It includes provisions compliant with provincial Construction Acts, federal prompt payment legislation, and banking regulations, while addressing lien rights and payment procedures. The agreement is commonly used across various construction sectors, from commercial to residential projects, and provides protection for all parties involved in the payment chain.
Suggested Sections

1. Parties: Identifies and provides full legal names and addresses of all three parties: the payor (owner/general contractor), the subcontractor, and the supplier/materialman

2. Background: Explains the context of the agreement, including reference to the main construction contract, subcontract, and supply relationship

3. Definitions: Defines key terms used throughout the agreement, including 'Joint Check', 'Project', 'Materials', and 'Payment Application'

4. Joint Check Payment Process: Details the mechanics of how joint checks will be issued, processed, and handled

5. Payment Terms: Specifies payment amounts, timing, and conditions for joint check issuance

6. Parties' Obligations: Outlines specific responsibilities and obligations of each party under the agreement

7. Representations and Warranties: Contains standard representations and warranties from all parties

8. Lien Waivers: Addresses the release of liens upon payment via joint check

9. Term and Termination: Specifies the duration of the agreement and conditions for termination

10. General Provisions: Standard boilerplate provisions including notices, amendments, governing law, etc.

Optional Sections

1. Payment Dispute Resolution: Detailed procedures for resolving payment disputes, recommended when working with new parties or on complex projects

2. Trust Provisions: Creates trust obligations for handled funds, particularly important in provinces with strict trust fund requirements

3. Security Interest: Grants security interest in materials or equipment, useful when dealing with high-value materials

4. Insurance Requirements: Specifies required insurance coverage, important for high-risk projects

5. Default and Remedies: Detailed provisions for handling defaults, recommended for high-value agreements

6. Electronic Payment Provisions: Procedures for electronic fund transfers, useful for modernized payment systems

Suggested Schedules

1. Schedule A - Project Details: Details of the construction project, including location, scope, and relevant contract numbers

2. Schedule B - Payment Schedule: Detailed breakdown of payment amounts, timing, and any milestone-based payments

3. Schedule C - Materials List: Itemized list of materials covered under the agreement with prices

4. Schedule D - Form of Joint Check: Sample form of the joint check to be used

5. Schedule E - Lien Waiver Forms: Standard forms for partial and final lien waivers

6. Schedule F - Notice Information: Detailed contact information and notice requirements for all parties

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

Relevant legal definitions
Clauses
Relevant Industries

Construction

Real Estate Development

Infrastructure

Commercial Building

Residential Development

Industrial Construction

Civil Engineering

Materials Supply

Construction Finance

Relevant Teams

Legal

Finance

Procurement

Operations

Project Management

Risk Management

Accounts Payable

Commercial

Construction Management

Supply Chain

Relevant Roles

Project Manager

Construction Manager

Contract Administrator

Chief Financial Officer

Financial Controller

Procurement Manager

Legal Counsel

Risk Manager

Accounts Payable Manager

Construction Superintendent

Supply Chain Manager

Commercial Director

Operations Manager

Credit 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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