This Master Service Agreement (Construction) is designed for use in Canadian construction projects where parties anticipate an ongoing relationship involving multiple construction projects or phases. It serves as an umbrella agreement that streamlines the contracting process by establishing standard terms, conditions, and procedures that will apply to all future work orders or project-specific agreements. The document incorporates essential elements required by Canadian federal and provincial construction laws, including provisions for proper holdbacks, lien rights, health and safety compliance, and insurance requirements. It is particularly useful for property developers, construction companies, or property owners who regularly engage construction services and want to avoid negotiating complete agreements for each project. The agreement includes mechanisms for pricing, work order procedures, performance standards, and dispute resolution, while maintaining flexibility to accommodate specific project requirements through schedules and work orders.
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1. Parties: Identification of the contracting parties including full legal names and addresses
2. Background: Context of the agreement and general relationship between the parties
3. Definitions and Interpretation: Key terms used throughout the agreement and rules of interpretation
4. Scope of Services: General description of construction services to be provided under the agreement
5. Work Orders and Project Implementation: Process for issuing and accepting individual work orders under the master agreement
6. Performance Standards: Quality standards, warranties, and performance requirements for all work
7. Payment Terms: General payment provisions, including invoicing, payment timing, and holdbacks
8. Health and Safety Requirements: Safety obligations and compliance with relevant legislation
9. Insurance and Bonds: Required insurance coverage and bonding requirements
10. Liability and Indemnification: Allocation of risks and responsibilities between parties
11. Term and Termination: Duration of the agreement and termination provisions
12. Dispute Resolution: Process for resolving disputes between parties
13. General Provisions: Standard legal provisions including notices, assignment, and governing law
1. Environmental Requirements: Include when projects may have significant environmental impacts or requirements
2. Equipment and Materials: Include when supplier is responsible for providing significant equipment or materials
3. Labor and Staffing Requirements: Include when specific labor qualifications or staffing levels are required
4. Intellectual Property: Include when design work or proprietary methods are involved
5. Security Requirements: Include when work involves sensitive locations or information
6. Force Majeure: Include when additional force majeure provisions beyond standard ones are needed
7. Indigenous Peoples Engagement: Include when projects may impact Indigenous lands or require Indigenous participation
1. Schedule A - Rate Card: Standard rates for labor, equipment, and materials
2. Schedule B - Form of Work Order: Template for individual project work orders
3. Schedule C - Performance Specifications: Detailed technical and performance requirements
4. Schedule D - Health and Safety Procedures: Detailed safety protocols and requirements
5. Schedule E - Insurance Requirements: Specific insurance types and coverage amounts
6. Schedule F - Key Personnel: List of key personnel and their qualifications
7. Schedule G - Equipment and Materials Specifications: Detailed specifications for standard equipment and materials
8. Appendix 1 - Bonds and Security Forms: Templates for required bonds and security documents
9. Appendix 2 - Required Reports and Documentation: Templates and requirements for project documentation
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