The Owner Contractor Agreement serves as the primary contract document for construction projects in Canada, establishing the legal and working relationship between property owners and general contractors. It is essential for projects of all sizes where an owner engages a contractor to perform construction work, whether for new construction, renovation, or improvement projects. The agreement incorporates requirements from provincial construction laws, including lien legislation, prompt payment rules, and workplace safety regulations. This document typically includes detailed provisions for scope of work, payment terms, project schedule, change management, insurance requirements, and dispute resolution procedures. It is designed to protect both parties' interests while ensuring clear communication and risk allocation throughout the project lifecycle.
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1. Parties: Identification and details of the Owner and Contractor, including legal names and addresses
2. Background: Context of the agreement and brief description of the project
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Work: Detailed description of the work to be performed by the Contractor
5. Contract Price and Payment Terms: Agreement on pricing, payment schedule, and invoicing procedures
6. Project Schedule: Timeline for completion, milestones, and any liquidated damages for delays
7. Contractor's Obligations: Key responsibilities including labor, materials, equipment, permits, and compliance
8. Owner's Obligations: Owner's responsibilities including site access, approvals, and information provision
9. Changes and Change Orders: Process for requesting, approving, and implementing changes to the work
10. Insurance and Bonds: Required insurance coverage and performance/payment bonds
11. Warranties and Representations: Contractor's warranties on workmanship and materials
12. Health and Safety: Safety requirements and responsibilities
13. Termination: Conditions and procedures for contract termination
14. Dispute Resolution: Process for resolving disputes between parties
15. General Provisions: Standard legal provisions including governing law, notices, and assignment
1. Environmental Requirements: Specific environmental obligations and compliance requirements, used for projects with significant environmental impact
2. Subcontractors: Rules and procedures for subcontracting, used when subcontractors are expected
3. Equipment and Materials Storage: Requirements for on-site storage, used for larger projects with significant material storage needs
4. Site Security: Security requirements and responsibilities, used for high-security or sensitive locations
5. Quality Control: Specific quality management requirements, used for complex or high-precision projects
6. Progress Reports: Detailed reporting requirements, used for larger or more complex projects
7. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term or high-risk projects
8. Intellectual Property: IP rights and obligations, used when design or innovative solutions are involved
9. Liquidated Damages: Specific damage calculations for delays or deficiencies, used in time-sensitive projects
10. Indigenous Peoples Considerations: Special provisions for projects affecting Indigenous lands or requiring Indigenous participation
1. Schedule A - Scope of Work: Detailed technical specifications and requirements
2. Schedule B - Contract Price Breakdown: Detailed pricing, including unit prices and allowances
3. Schedule C - Project Schedule: Detailed timeline 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 team members and their roles
6. Schedule F - Site Plan and Access Requirements: Site logistics and access details
7. Schedule G - Forms: Standard forms for change orders, payment applications, and certificates
8. Schedule H - Health and Safety Requirements: Detailed safety procedures and requirements
9. Schedule I - Warranty Requirements: Detailed warranty terms and procedures
10. Schedule J - Equipment and Materials Specifications: Detailed specifications for major equipment and materials
Relevant legal definitions
Agreement
Applicable Laws
As-Built Drawings
Certificate of Substantial Performance
Change Directive
Change Order
Construction Documents
Construction Schedule
Contract Documents
Contract Price
Contract Time
Contractor
Contractor's Personnel
Deficiency
Drawings
Extra Work
Final Completion
Force Majeure
Good Industry Practice
GST/HST
Holdback
Lien
Milestone Dates
Notice
Owner
Owner's Representative
Payment Certifier
Place of Work
Project
Project Schedule
Proper Invoice
Record Drawings
Schedule of Values
Shop Drawings
Site
Specifications
Subcontractor
Substantial Performance
Supplier
Warranty Period
Work
Working Day
Health and Safety Plan
Quality Management Plan
Construction Equipment
Materials
Project Manager
Progress Payment
Completion Notice
Claims
Confidential Information
Environmental Requirements
Applicable Laws
As-Built Drawings
Certificate of Substantial Performance
Change Directive
Change Order
Construction Documents
Construction Schedule
Contract Documents
Contract Price
Contract Time
Contractor
Contractor's Personnel
Deficiency
Drawings
Extra Work
Final Completion
Force Majeure
Good Industry Practice
GST/HST
Holdback
Lien
Milestone Dates
Notice
Owner
Owner's Representative
Payment Certifier
Place of Work
Project
Project Schedule
Proper Invoice
Record Drawings
Schedule of Values
Shop Drawings
Site
Specifications
Subcontractor
Substantial Performance
Supplier
Warranty Period
Work
Working Day
Health and Safety Plan
Quality Management Plan
Construction Equipment
Materials
Project Manager
Progress Payment
Completion Notice
Claims
Confidential Information
Environmental Requirements
Clauses
Interpretation
Scope of Work
Contract Price
Payment Terms
Project Schedule
Changes and Extras
Contractor Obligations
Owner Obligations
Site Conditions
Health and Safety
Quality Control
Insurance
Bonding
Warranties
Indemnification
Liability
Dispute Resolution
Force Majeure
Termination
Default
Suspension
Confidentiality
Intellectual Property
Assignment
Subcontracting
Compliance with Laws
Environmental Protection
Labor Relations
Materials and Equipment
Workmanship
Testing and Inspection
Permits and Licenses
Taxes
Title and Risk
Notice Requirements
Liquidated Damages
Warranty Period
Deficiency Correction
Site Access
Documentation
Record Keeping
Audit Rights
Governing Law
Severability
Entire Agreement
Amendment
Waiver
Time of Essence
Survival
Notices
Scope of Work
Contract Price
Payment Terms
Project Schedule
Changes and Extras
Contractor Obligations
Owner Obligations
Site Conditions
Health and Safety
Quality Control
Insurance
Bonding
Warranties
Indemnification
Liability
Dispute Resolution
Force Majeure
Termination
Default
Suspension
Confidentiality
Intellectual Property
Assignment
Subcontracting
Compliance with Laws
Environmental Protection
Labor Relations
Materials and Equipment
Workmanship
Testing and Inspection
Permits and Licenses
Taxes
Title and Risk
Notice Requirements
Liquidated Damages
Warranty Period
Deficiency Correction
Site Access
Documentation
Record Keeping
Audit Rights
Governing Law
Severability
Entire Agreement
Amendment
Waiver
Time of Essence
Survival
Notices
Relevant Industries
Commercial Construction
Residential Construction
Industrial Construction
Infrastructure Development
Healthcare Construction
Educational Facilities
Retail Construction
Hospitality Construction
Manufacturing Facilities
Government/Public Works
Mining and Resources
Transportation Infrastructure
Relevant Teams
Legal
Operations
Procurement
Finance
Risk Management
Project Management
Contract Administration
Business Development
Construction Management
Quality Assurance
Relevant Roles
Project Manager
Construction Manager
Contract Administrator
Legal Counsel
Risk Manager
Procurement Manager
Chief Financial Officer
Operations Director
Development Manager
Facilities Manager
Construction Superintendent
Estimating Manager
Commercial Manager
Project Control Manager
Quality Assurance Manager
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