The Owner Subcontractor Agreement is a crucial document in Canadian construction projects where a property owner wishes to engage directly with a specialized contractor, bypassing or supplementing the traditional general contractor relationship. This agreement is particularly relevant when owners want more control over specific aspects of their construction project or when specialized work requires direct oversight. The document must comply with various Canadian federal and provincial regulations, including Construction Acts, labor laws, and safety regulations. It typically includes detailed provisions for scope of work, payment terms, performance standards, insurance requirements, and dispute resolution mechanisms. The agreement also addresses specific Canadian requirements such as statutory holdbacks, lien rights, and prompt payment legislation. This type of contract is commonly used in both commercial and residential construction projects, particularly when specialized work is required or when owners want to maintain direct control over certain aspects of their construction project.
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1. Parties: Identification and details of the Owner and Subcontractor, including full legal names and addresses
2. Background: Context of the agreement, including reference to the main contract and project details
3. Definitions: Key terms used throughout the agreement, including project-specific terminology
4. Scope of Work: Detailed description of the subcontractor's responsibilities and deliverables
5. Contract Price and Payment: Payment terms, schedule, holdbacks, and invoicing requirements
6. Time for Performance: Project schedule, milestones, and completion dates
7. Subcontractor Obligations: General and specific duties, including compliance with laws, permits, and standards
8. Owner Obligations: Owner's responsibilities, including access to site and provision of information
9. Changes and Extra Work: Process for handling change orders and additional work requests
10. Health and Safety: Safety requirements, protocols, and responsibilities
11. Insurance and Bonds: Required insurance coverage and bonding requirements
12. Indemnification: Mutual and specific indemnities between parties
13. Default and Termination: Grounds for default, remedies, and termination procedures
14. Dispute Resolution: Process for resolving disputes, including mediation and arbitration
15. General Provisions: Standard contract clauses including notices, assignment, and governing law
1. Environmental Requirements: Include when project has specific environmental obligations or risks
2. Equipment and Materials: Include when specific requirements exist for equipment/materials procurement or storage
3. Quality Control: Include for projects requiring specific quality standards or testing
4. Warranties: Include when extended or specific warranties are required beyond standard guarantees
5. Intellectual Property: Include when design work or proprietary methods are involved
6. Force Majeure: Include when specific force majeure provisions are needed beyond standard clauses
7. Labor Requirements: Include when specific labor qualifications or union requirements apply
8. Site Conditions: Include when specific site challenges or requirements exist
9. Confidentiality: Include when dealing with sensitive information or proprietary designs
1. Schedule A - Scope of Work: Detailed specifications and drawings of the work to be performed
2. Schedule B - Price Breakdown: Detailed pricing, unit rates, and payment schedule
3. Schedule C - Project Schedule: Detailed timeline, milestones, and completion dates
4. Schedule D - Required Insurance: Specific insurance types and coverage amounts required
5. Schedule E - Safety Requirements: Specific safety protocols and requirements
6. Schedule F - Forms: Standard forms for change orders, payment applications, and certifications
7. Schedule G - Site Rules: Site-specific rules and procedures
8. Schedule H - Quality Control Requirements: Testing and inspection requirements and standards
9. Schedule I - Submittals Register: List of required submittals and approval process
Relevant legal definitions
Clauses
Relevant Industries
Construction
Real Estate Development
Infrastructure
Commercial Property
Residential Development
Industrial Construction
Healthcare Construction
Educational Facilities
Retail Development
Energy and Utilities
Mining
Transportation
Relevant Teams
Legal
Construction
Project Management
Procurement
Risk Management
Operations
Commercial
Development
Property Management
Health and Safety
Quality Assurance
Contract Administration
Relevant Roles
Construction Manager
Project Manager
Contract Administrator
Legal Counsel
Risk Manager
Procurement Manager
Chief Operating Officer
Development Director
Construction Director
Facilities Manager
Property Manager
Site Superintendent
Quality Control Manager
Health and Safety Officer
Commercial Director
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