This Works Contract is a fundamental legal document used in the Canadian construction and infrastructure industry to establish binding agreements between project owners and contractors. It is specifically designed to comply with Canadian federal and provincial legislation, including various Construction Acts, labor laws, and safety regulations. The document is essential when engaging contractors for construction, renovation, or infrastructure projects, providing comprehensive coverage of project scope, payment terms, timelines, quality requirements, and risk allocation. This type of contract is particularly important as it incorporates specific Canadian legal requirements such as builders' liens, local safety standards, and provincial-specific construction regulations. The Works Contract serves as the primary agreement governing the relationship between the project owner and contractor, ensuring clear understanding of responsibilities, liabilities, and project execution requirements.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and general purpose
3. Definitions: Defined terms used throughout the agreement
4. Scope of Work: Detailed description of the works to be performed
5. Contract Price and Payment: Payment terms, schedule, and methods
6. Timeline and Completion: Project schedule, milestones, and completion criteria
7. Contractor Obligations: Key responsibilities and duties of the contractor
8. Client Obligations: Key responsibilities and duties of the client
9. Materials and Workmanship: Quality standards and specifications
10. Health and Safety: Safety requirements and compliance obligations
11. Insurance and Liability: Required insurance coverage and liability provisions
12. Warranties: Warranties for work quality and durability
13. Changes and Variations: Process for handling changes to scope or specifications
14. Suspension and Termination: Rights and process for suspension or termination
15. Force Majeure: Provisions for unforeseen circumstances
16. Dispute Resolution: Process for resolving disputes
17. General Provisions: Standard boilerplate clauses
1. Design Responsibilities: Include when contractor has design obligations
2. Equipment Supply: Include when specific equipment supply is part of the works
3. Environmental Compliance: Include for projects with significant environmental impact
4. Subcontracting: Include when subcontracting is permitted or anticipated
5. Site Conditions: Include when site-specific risks need to be addressed
6. Intellectual Property: Include when design or innovative methods are involved
7. Performance Security: Include when bonds or guarantees are required
8. Phasing and Sectional Completion: Include for projects with multiple phases
9. Testing and Commissioning: Include for projects requiring specific testing procedures
10. Training and Documentation: Include when operation training or manuals are required
1. Schedule A - Scope of Work: Detailed technical specifications and requirements
2. Schedule B - Price Schedule: Detailed breakdown of prices and payment milestones
3. Schedule C - Project Timeline: Detailed project schedule and milestones
4. Schedule D - Site Information: Site details, access information, and conditions
5. Schedule E - Required Insurance: Specific insurance requirements and coverage levels
6. Schedule F - Health and Safety Requirements: Detailed safety procedures and requirements
7. Schedule G - Forms and Certificates: Standard forms for approvals, changes, and certificates
8. Schedule H - Quality Assurance Plan: Quality control procedures and standards
9. Schedule I - Contractor's Personnel: Key personnel and their qualifications
10. Appendix 1 - Drawings: Technical drawings and specifications
11. Appendix 2 - Permits and Approvals: Required regulatory permits and approvals
Relevant legal definitions
Agreement
Applicable Laws
As-Built Drawings
Certificate of Completion
Change Order
Commencement Date
Completion Date
Construction Documents
Construction Schedule
Contract Price
Contractor
Contractor's Equipment
Defects Liability Period
Deliverables
Design Documents
Drawings
Environmental Requirements
Extension of Time
Force Majeure Event
Good Industry Practice
Hazardous Materials
Health and Safety Plan
Insurance Requirements
Intellectual Property Rights
Lien Holdback
Milestone Dates
Notice
Owner
Payment Certificate
Performance Security
Permits
Project
Project Manager
Quality Assurance Plan
Retention Money
Site
Specifications
Subcontractor
Substantial Completion
Substantial Performance
Supplier
Temporary Works
Time for Completion
Variation
Warranty Period
Work Package
Works
Working Day
Applicable Laws
As-Built Drawings
Certificate of Completion
Change Order
Commencement Date
Completion Date
Construction Documents
Construction Schedule
Contract Price
Contractor
Contractor's Equipment
Defects Liability Period
Deliverables
Design Documents
Drawings
Environmental Requirements
Extension of Time
Force Majeure Event
Good Industry Practice
Hazardous Materials
Health and Safety Plan
Insurance Requirements
Intellectual Property Rights
Lien Holdback
Milestone Dates
Notice
Owner
Payment Certificate
Performance Security
Permits
Project
Project Manager
Quality Assurance Plan
Retention Money
Site
Specifications
Subcontractor
Substantial Completion
Substantial Performance
Supplier
Temporary Works
Time for Completion
Variation
Warranty Period
Work Package
Works
Working Day
Clauses
Interpretation
Scope of Work
Contract Price
Payment Terms
Time for Completion
Contractor Obligations
Owner Obligations
Health and Safety
Quality Assurance
Materials and Workmanship
Site Access and Conditions
Variations
Extensions of Time
Testing and Inspection
Completion and Handover
Defects Liability
Warranties
Insurance
Indemnification
Force Majeure
Suspension
Termination
Dispute Resolution
Confidentiality
Intellectual Property
Assignment and Subcontracting
Notices
Governing Law
Environmental Compliance
Labor and Employment
Security
Bonds and Guarantees
Lien Rights
Changes in Law
Records and Audit
Compliance with Laws
Risk Allocation
Title and Risk
Performance Security
Representations and Warranties
Scope of Work
Contract Price
Payment Terms
Time for Completion
Contractor Obligations
Owner Obligations
Health and Safety
Quality Assurance
Materials and Workmanship
Site Access and Conditions
Variations
Extensions of Time
Testing and Inspection
Completion and Handover
Defects Liability
Warranties
Insurance
Indemnification
Force Majeure
Suspension
Termination
Dispute Resolution
Confidentiality
Intellectual Property
Assignment and Subcontracting
Notices
Governing Law
Environmental Compliance
Labor and Employment
Security
Bonds and Guarantees
Lien Rights
Changes in Law
Records and Audit
Compliance with Laws
Risk Allocation
Title and Risk
Performance Security
Representations and Warranties
Relevant Industries
Construction
Infrastructure
Real Estate Development
Mining
Oil & Gas
Industrial Manufacturing
Commercial Development
Residential Development
Energy
Transportation
Municipal Works
Healthcare Facilities
Educational Facilities
Relevant Teams
Legal
Procurement
Operations
Construction
Project Management
Risk Management
Commercial
Health & Safety
Quality Assurance
Engineering
Finance
Compliance
Technical Services
Relevant Roles
Chief Executive Officer
Chief Operating Officer
Construction Manager
Project Director
Project Manager
Contract Manager
Legal Counsel
Risk Manager
Procurement Manager
Quality Assurance Manager
Site Supervisor
Construction Superintendent
Health and Safety Officer
Commercial Manager
Cost Controller
Quantity Surveyor
Design Manager
Engineering Manager
Facilities Manager
Operations Director
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