The Buyer Builder Agreement is a crucial legal document used in Canadian construction projects to establish a formal contractual relationship between a property owner (buyer) and a construction company (builder). This agreement is essential when a buyer wishes to engage a builder for new construction or substantial renovation work. The document comprehensively covers all aspects of the construction project, including scope of work, payment terms, timelines, quality standards, and warranties, while ensuring compliance with federal and provincial regulations. It serves as the primary reference document throughout the construction process and helps prevent disputes by clearly defining each party's rights, responsibilities, and obligations. The agreement must comply with provincial construction laws, building codes, and consumer protection regulations, and typically includes provisions for warranty coverage as required by provincial new home warranty programs.
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1. Parties: Identification of the Buyer and Builder, including full legal names, addresses, and registration/license numbers
2. Background: Context of the agreement, including the Buyer's intention to engage the Builder for construction services
3. Definitions: Key terms used throughout the agreement, including technical and legal terminology
4. Scope of Work: Detailed description of the construction project, including type of building, location, and general specifications
5. Contract Price and Payment Terms: Total contract price, payment schedule, deposit requirements, and payment conditions
6. Construction Timeline: Project schedule, start date, completion date, and milestone dates
7. Builder's Obligations: Comprehensive list of Builder's responsibilities, including permits, materials, and workmanship standards
8. Buyer's Obligations: Buyer's responsibilities, including site access, decisions, and approvals
9. Changes and Modifications: Process for requesting and approving changes to the original scope of work
10. Warranties and Guarantees: Builder's warranties on workmanship and materials, including statutory warranty requirements
11. Insurance and Indemnity: Insurance requirements and indemnification provisions
12. Default and Termination: Conditions constituting default and procedures for termination
13. Dispute Resolution: Process for resolving disputes, including mediation and arbitration procedures
14. General Provisions: Standard contract clauses including notices, assignment, and governing law
1. Site Conditions: Specific provisions for dealing with known or discovered site conditions, used when there are known site challenges
2. Environmental Requirements: Special environmental considerations and requirements, included when project has specific environmental impacts
3. Financing Conditions: Provisions related to buyer's financing arrangements, used when buyer requires financing
4. Heritage Requirements: Special provisions for heritage properties, included when building has heritage status
5. Occupancy Requirements: Specific provisions for partial occupancy during construction, used when buyer needs to occupy part of the property
6. Phasing Provisions: Provisions for phased construction, included for larger projects with multiple phases
7. Material Selection Process: Detailed process for selection and approval of finishes and materials, used for custom builds
1. Schedule A - Plans and Specifications: Detailed architectural and engineering drawings, technical specifications
2. Schedule B - Payment Schedule: Detailed breakdown of payment stages and amounts
3. Schedule C - Construction Timeline: Detailed construction schedule with milestones
4. Schedule D - Finishes and Materials: Detailed specifications for all finishes and materials
5. Schedule E - Site Plan: Detailed site plan showing building location, setbacks, and site features
6. Schedule F - Warranties: Detailed warranty terms and conditions
7. Appendix 1 - Builder's Licenses and Certificates: Copies of all relevant licenses and certifications
8. Appendix 2 - Insurance Certificates: Copies of required insurance certificates
9. Appendix 3 - Permits and Approvals: Copies of all obtained permits and approvals
Relevant legal definitions
Clauses
Relevant Industries
Construction
Real Estate
Architecture and Design
Building Materials
Insurance
Banking and Finance
Legal Services
Property Development
Relevant Teams
Legal
Construction Management
Project Management
Real Estate
Risk Management
Quality Assurance
Finance
Procurement
Operations
Compliance
Design
Customer Relations
Relevant Roles
Construction Project Manager
Real Estate Developer
Property Lawyer
Architect
Quantity Surveyor
Building Inspector
Contract Administrator
Construction Site Supervisor
Real Estate Agent
Insurance Underwriter
Financial Advisor
Building Code Officer
Quality Control Manager
Procurement Manager
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