The New Home Construction Agreement is a vital legal document used in Canadian residential construction projects to establish a binding contract between a builder/contractor and a property owner. This agreement is essential when undertaking the construction of a new residential property and must comply with both federal and provincial construction regulations, including the National Building Code of Canada and provincial variations. The document typically includes detailed specifications for the construction project, payment schedules, completion timelines, warranty provisions, and dispute resolution procedures. It's particularly important as it incorporates mandatory new home warranty programs required by provincial legislation and serves as the primary reference document throughout the construction process and warranty period. The agreement should be customized to reflect specific provincial requirements, as construction regulations and warranty programs vary across Canadian provinces and territories.
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1. Parties: Identification of the Builder/Contractor and the Owner/Client with full legal names and addresses
2. Background: Context of the agreement, including property details and general purpose of the construction project
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Scope of Work: Detailed description of the construction work to be performed, including specifications and standards
5. Contract Price and Payment Terms: Total contract price, payment schedule, and conditions for payments
6. Construction Timeline: Project schedule, start date, completion date, and milestone dates
7. Builder's Obligations: Responsibilities of the builder including permits, approvals, and compliance with regulations
8. Owner's Obligations: Responsibilities of the owner including access, decisions, and owner-supplied items
9. Changes and Change Orders: Process for requesting and approving changes to the scope of work
10. Inspections and Approvals: Requirements for inspections, testing, and obtaining necessary approvals
11. Warranties: Builder's warranties and mandatory new home warranty program details
12. Insurance and Indemnification: Insurance requirements and indemnification provisions
13. Default and Termination: Conditions constituting default and termination rights
14. Dispute Resolution: Process for resolving disputes including mediation and arbitration
15. General Provisions: Standard contractual provisions including notices, assignment, and governing law
1. Construction Financing: Terms related to construction financing when the builder is providing or arranging financing
2. Land Acquisition: Terms related to the purchase of land when it's part of the agreement
3. Environmental Provisions: Special environmental requirements or restrictions for environmentally sensitive areas
4. Site Security: Special security requirements for high-value or high-risk locations
5. Temporary Facilities: Provisions for temporary services or facilities during construction
6. Heritage Requirements: Special provisions for construction near heritage sites or in heritage zones
7. Model Home Provisions: Terms related to use of the home as a model home or show home
8. Homeowner's Association: Requirements related to homeowner's association when building in a planned community
1. Schedule A - Construction Specifications: Detailed technical specifications for all aspects of construction
2. Schedule B - Floor Plans and Drawings: Architectural drawings, floor plans, and elevations
3. Schedule C - Site Plan: Detailed site plan showing property boundaries, setbacks, and building location
4. Schedule D - Finishing Schedule: Detailed list of all finishing materials, colors, and specifications
5. Schedule E - Payment Schedule: Detailed breakdown of payment milestones and amounts
6. Schedule F - Construction Timeline: Detailed project schedule with milestones and completion dates
7. Schedule G - Warranty Documentation: Warranty certificates and detailed warranty terms
8. Schedule H - Building Permits and Approvals: Copies of all required permits and regulatory approvals
9. Appendix 1 - Insurance Certificates: Copies of required insurance policies and certificates
10. Appendix 2 - Contractor Licenses: Copies of builder's licenses and certifications
Relevant legal definitions
Agreement
Architect
As-Built Drawings
Building Code
Building Inspector
Building Permit
Certificate of Completion
Change Order
Commencement Date
Completion Date
Construction Documents
Construction Schedule
Contract Price
Contractor
Defect
Drawings
Engineer
Environmental Requirements
Final Completion
Force Majeure
Holdback
Home Warranty
Improvements
Inspection
Land
Material Breach
Materials
Milestone
Notice
Occupancy Permit
Owner
Payment Schedule
Plans and Specifications
Project
Property
Site
Specifications
Substantial Completion
Subcontractor
Suppliers
Timeline
Utilities
Warranty Period
Work
Workmanship
Architect
As-Built Drawings
Building Code
Building Inspector
Building Permit
Certificate of Completion
Change Order
Commencement Date
Completion Date
Construction Documents
Construction Schedule
Contract Price
Contractor
Defect
Drawings
Engineer
Environmental Requirements
Final Completion
Force Majeure
Holdback
Home Warranty
Improvements
Inspection
Land
Material Breach
Materials
Milestone
Notice
Occupancy Permit
Owner
Payment Schedule
Plans and Specifications
Project
Property
Site
Specifications
Substantial Completion
Subcontractor
Suppliers
Timeline
Utilities
Warranty Period
Work
Workmanship
Clauses
Interpretation
Scope of Work
Construction Standards
Payment Terms
Timeline and Completion
Change Orders
Warranties
Insurance
Indemnification
Force Majeure
Permits and Approvals
Site Access and Security
Materials and Equipment
Quality Control
Health and Safety
Environmental Compliance
Labor Requirements
Subcontracting
Intellectual Property
Confidentiality
Default and Remedies
Termination
Dispute Resolution
Notice Requirements
Assignment
Severability
Entire Agreement
Governing Law
Amendment
Third Party Rights
Inspection and Testing
Deficiency Correction
Title and Risk
Representations and Warranties
Liability Limitations
Scope of Work
Construction Standards
Payment Terms
Timeline and Completion
Change Orders
Warranties
Insurance
Indemnification
Force Majeure
Permits and Approvals
Site Access and Security
Materials and Equipment
Quality Control
Health and Safety
Environmental Compliance
Labor Requirements
Subcontracting
Intellectual Property
Confidentiality
Default and Remedies
Termination
Dispute Resolution
Notice Requirements
Assignment
Severability
Entire Agreement
Governing Law
Amendment
Third Party Rights
Inspection and Testing
Deficiency Correction
Title and Risk
Representations and Warranties
Liability Limitations
Relevant Industries
Residential Construction
Real Estate Development
Construction Management
Architecture and Design
Building Materials and Supply
Property Development
Construction Finance
Insurance
Environmental Services
Engineering Services
Relevant Teams
Legal
Construction Management
Project Management
Contract Administration
Risk and Compliance
Procurement
Quality Assurance
Technical Design
Environmental
Finance
Insurance
Customer Relations
Relevant Roles
Construction Manager
Project Manager
Real Estate Developer
Construction Contract Administrator
Legal Counsel
Architect
Structural Engineer
Quantity Surveyor
Building Inspector
Site Supervisor
Procurement Manager
Risk Manager
Insurance Underwriter
Warranty Administrator
Compliance Officer
Environmental Consultant
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