The New Construction Home Contract is essential for any new residential construction project in Canada, serving as the foundational agreement between a builder and a home buyer. This document is typically used when a purchaser contracts a builder to construct a new home, either in a development or on an individual lot. It includes detailed specifications for the construction, payment schedules, completion timelines, and warranty provisions, while ensuring compliance with federal, provincial, and municipal building regulations. The contract must adhere to provincial new home warranty program requirements and consumer protection laws, making it a crucial document for protecting both parties' interests throughout the construction process. It's particularly important in Canadian jurisdictions where specific statutory warranties and builder licensing requirements must be incorporated into the agreement.
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1. Parties: Identification of the Builder/Contractor and the Purchaser/Owner with full legal names and addresses
2. Background: Context of the agreement, including property details and construction project overview
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Work: Detailed description of the construction project, including specifications and standards
5. Purchase Price and Payment Terms: Total contract price, payment schedule, and deposit requirements
6. Construction Timeline: Project schedule, completion date, and milestone definitions
7. Builder's Obligations: Responsibilities of the builder including permits, approvals, and compliance with codes
8. Purchaser's Obligations: Responsibilities of the purchaser including access, decisions, and selections
9. Changes and Modifications: Process for requesting and approving changes to the original plans
10. Inspections and Access: Rights and procedures for construction inspections and site access
11. Warranties and Guarantees: Statutory and additional warranties provided by the builder
12. Title and Ownership: Transfer of title and property ownership details
13. Default and Remedies: Consequences and remedies for breach of contract
14. Dispute Resolution: Process for resolving disputes between parties
15. Insurance and Liability: Required insurance coverage and liability allocation
16. General Provisions: Standard legal provisions including notices, assignment, and governing law
1. Financing Conditions: Terms related to buyer's financing requirements, used when purchase is contingent on mortgage approval
2. Site Conditions: Special provisions for unusual or challenging site conditions, included when relevant
3. Environmental Provisions: Special environmental requirements or protections, used when environmental concerns exist
4. Energy Efficiency Requirements: Specific energy efficiency standards and certifications, included when pursuing specific ratings
5. Subdivision Requirements: Additional terms for properties in new subdivisions, used when applicable
6. Rental Units: Provisions for secondary suites or rental units, included if permitted and planned
7. Custom Features: Terms related to unique or custom design elements, used for non-standard construction
8. Phased Construction: Terms for projects built in phases, included when construction is staged
1. Schedule A - Property Description: Legal description of the property and lot details
2. Schedule B - Construction Specifications: Detailed construction specifications, materials, and finishing details
3. Schedule C - Floor Plans and Elevations: Approved architectural drawings and plans
4. Schedule D - Finishing Selections: Interior and exterior finishing choices and allowances
5. Schedule E - Payment Schedule: Detailed breakdown of payment milestones and amounts
6. Schedule F - Construction Timeline: Detailed construction schedule with milestones
7. Schedule G - Warranty Certificate: New home warranty program details and certificates
8. Schedule H - Site Plan: Property site plan showing building location and setbacks
9. Appendix 1 - Standard Features: List of standard inclusions and features
10. Appendix 2 - Upgrade Options: Available upgrades and their costs
11. Appendix 3 - Required Disclosures: Mandatory disclosures required by local legislation
Relevant legal definitions
Agreement
Architect
Builder
Building Code
Building Inspector
Building Permit
Certificate of Completion
Change Order
Closing Date
Commencement Date
Common Elements
Completion Date
Construction Documents
Construction Lien
Construction Schedule
Contract Price
Deficiency
Deposit
Design Specifications
Extras
Final Completion
Final Inspection
Force Majeure
Home Warranty Program
Improvements
Lot
Material Change
Materials
Milestone
Municipal Authority
Occupancy Date
Occupancy Permit
Payment Schedule
Plans and Specifications
Property
Purchase Price
Purchaser
Quality Standards
Real Property
Setback Requirements
Site
Site Conditions
Specifications
Statutory Warranty
Substantial Completion
Title
Upgrades
Variance
Warranty Period
Work
Working Days
Architect
Builder
Building Code
Building Inspector
Building Permit
Certificate of Completion
Change Order
Closing Date
Commencement Date
Common Elements
Completion Date
Construction Documents
Construction Lien
Construction Schedule
Contract Price
Deficiency
Deposit
Design Specifications
Extras
Final Completion
Final Inspection
Force Majeure
Home Warranty Program
Improvements
Lot
Material Change
Materials
Milestone
Municipal Authority
Occupancy Date
Occupancy Permit
Payment Schedule
Plans and Specifications
Property
Purchase Price
Purchaser
Quality Standards
Real Property
Setback Requirements
Site
Site Conditions
Specifications
Statutory Warranty
Substantial Completion
Title
Upgrades
Variance
Warranty Period
Work
Working Days
Clauses
Parties and Property
Interpretation
Scope of Work
Payment Terms
Construction Timeline
Change Orders
Warranties
Insurance
Site Access
Quality Standards
Inspections
Materials and Workmanship
Permits and Approvals
Title Transfer
Risk Allocation
Force Majeure
Default and Remedies
Dispute Resolution
Termination
Assignment
Notices
Indemnification
Environmental Compliance
Health and Safety
Labor and Materials
Subcontractors
Representations and Warranties
Property Rights
Governing Law
Amendment
Severability
Entire Agreement
Consumer Protection
Deposit Protection
Warranty Program Compliance
Interpretation
Scope of Work
Payment Terms
Construction Timeline
Change Orders
Warranties
Insurance
Site Access
Quality Standards
Inspections
Materials and Workmanship
Permits and Approvals
Title Transfer
Risk Allocation
Force Majeure
Default and Remedies
Dispute Resolution
Termination
Assignment
Notices
Indemnification
Environmental Compliance
Health and Safety
Labor and Materials
Subcontractors
Representations and Warranties
Property Rights
Governing Law
Amendment
Severability
Entire Agreement
Consumer Protection
Deposit Protection
Warranty Program Compliance
Relevant Industries
Construction
Real Estate
Legal Services
Financial Services
Architecture and Design
Insurance
Building Materials
Environmental Services
Relevant Teams
Legal
Construction Management
Project Management
Sales
Customer Service
Quality Assurance
Warranty Administration
Finance
Compliance
Design
Risk Management
Relevant Roles
Construction Manager
Project Manager
Real Estate Agent
Construction Site Supervisor
Contract Administrator
Legal Counsel
Architectural Designer
Building Inspector
Quality Control Manager
Sales Manager
Customer Service Representative
Warranty Administrator
Financial Manager
Compliance Officer
Risk Manager
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