CCDC2 e
CCDC2 e
CCDC2 e
TABLE OF CONTENTS
AGREEMENT BETWEEN OWNER AND CONTRACTOR
A-1 The Work PART 5 PAYMENT
A-2 Agreements and Amendments GC 5.1 Financing Information Required of the Owner
A-3 Contract Documents GC 5.2 Applications for Payment
A-4 Contract Price GC 5.3 Payment
A-5 Payment GC 5.4 Substantial Performance of the Work and Payment of Holdback
A-6 Receipt of and Addresses for Notices in Writing GC 5.5 Final Payment
A-7 Language of the Contract GC 5.6 Deferred Work
A-8 Succession GC 5.7 Non-conforming Work
for which the Agreement has been signed by the parties, and for which (insert below the name of the Consultant)
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CCDC 2 – 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
ARTICLE A-3 CONTRACT DOCUMENTS
3.1 The following are the Contract Documents referred to in Article A-1 of the Agreement – THE WORK:
• Agreement between Owner and Contractor
• Definitions
• General Conditions
*
* (Insert here, attaching additional pages if required, a list identifying all other Contract Documents e.g. supplementary conditions; Division 01 of the
Specifications – GENERAL REQUIREMENTS; Project information that the Contractor may rely upon; technical Specifications, giving a list of contents with
section numbers and titles, number of pages and date; material finishing schedules; Drawings, giving drawing number, title, date, revision date or mark;
addenda, giving title, number, date; time schedule)
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ARTICLE A-4 CONTRACT PRICE
4.1 The Contract Price, which excludes Value Added Taxes, is:
dollars
$
4.2 Value Added Taxes (of __________ %) payable by the Owner to the Contractor are:
dollars
$
4.3 Total amount payable by the Owner to the Contractor for the Work is:
dollars
$
4.4 These amounts shall be subject to adjustments as provided in the Contract Documents.
4.5 All amounts are in Canadian funds.
name of Owner*
address
email address
Contractor
name of Contractor*
address
email address
Consultant
name of Consultant*
address
email address
* If it is intended that a specific individual must receive the notice, that individual’s name shall be indicated.
7.2 This Agreement is drawn in English at the request of the parties hereto. La présente convention est rédigée en anglais à la
demande des parties.
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In witness whereof the parties hereto have executed this Agreement by the hands of their duly authorized representatives.
WITNESS OWNER
_____________________________________________
name of Owner
_____________________________________________ _____________________________________________
signature signature
_____________________________________________ _____________________________________________
name of person signing name and title of person signing
WITNESS CONTRACTOR
_____________________________________________
name of Contractor
_____________________________________________ _____________________________________________
signature signature
_____________________________________________ _____________________________________________
name of person signing name and title of person signing
N.B. Where legal jurisdiction, local practice or Owner or Contractor requirement calls for:
(a) proof of authority to execute this document, attach such proof of authority in the form of a certified copy of a resolution naming the representative(s)
authorized to sign the Agreement for and on behalf of the corporation or partnership; or
(b) the affixing of a corporate seal, this Agreement should be properly sealed.
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contract if the document cover page bears a CCDC 2 copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended version of
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DEFINITIONS
The following Definitions shall apply to all Contract Documents.
Change Directive
A Change Directive is a written instruction prepared by the Consultant and signed by the Owner directing the Contractor to
proceed with a change in the Work within the general scope of the Contract Documents prior to the Owner and the Contractor
agreeing upon adjustments in the Contract Price and the Contract Time.
Change Order
A Change Order is a written amendment to the Contract prepared by the Consultant and signed by the Owner and the
Contractor stating their agreement upon:
• a change in the Work;
• the method of adjustment or the amount of the adjustment in the Contract Price, if any; and
• the extent of the adjustment in the Contract Time, if any.
Construction Equipment
Construction Equipment means all machinery and equipment, either operated or not operated, that is required for preparing,
fabricating, conveying, erecting, or otherwise performing the Work but is not incorporated into the Work.
Consultant
The Consultant is the person or entity engaged by the Owner and identified as such in the Agreement. The Consultant is the
Architect, the Engineer or entity licensed to practise in the province or territory of the Place of the Work.
Contract
The Contract is the undertaking by the parties to perform their respective duties, responsibilities and obligations as prescribed
in the Contract Documents and represents the entire agreement between the parties.
Contract Documents
The Contract Documents consist of those documents listed in Article A-3 of the Agreement – CONTRACT DOCUMENTS
and amendments agreed upon between the parties.
Contract Price
The Contract Price is the amount stipulated in Article A-4 of the Agreement – CONTRACT PRICE.
Contract Time
The Contract Time is the time from commencement of the Work to the date of Ready-for-Takeover as stipulated in paragraph
1.3 of Article A-1 of the Agreement – THE WORK .
Contractor
The Contractor is the person or entity identified as such in the Agreement.
Drawings
The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing
the design, location and dimensions of the Work, generally including plans, elevations, sections, details, and diagrams.
Notice in Writing
A Notice in Writing, where identified in the Contract Documents, is a written communication between the parties or between
them and the Consultant that is transmitted in accordance with the provisions of Article A-6 of the Agreement – RECEIPT OF
AND ADDRESSES FOR NOTICES IN WRITING.
Owner
The Owner is the person or entity identified as such in the Agreement.
Other Contractor
Other Contractor means a contractor, other than the Contractor or a Subcontractor, engaged by the Owner for the Project.
Payment Legislation
Payment Legislation means such legislation in effect at the Place of the Work which governs payment under construction
contracts.
Place of the Work
The Place of the Work is the designated site or location of the Work identified in the Contract Documents.
Product
Product or Products means material, machinery, equipment, and fixtures forming part of the Work, but does not include
Construction Equipment.
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CCDC 2 – 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
Project
The Project means the total construction contemplated of which the Work may be the whole or a part.
Ready-for-Takeover
Ready-for-Takeover shall have been attained when the conditions set out in paragraph 12.1.1 of GC 12.1 – READY-FOR-
TAKEOVER have been met, as verified by the Consultant pursuant to paragraph 12.1.4.2 of GC 12.1 – READY-FOR-
TAKEOVER.
Shop Drawings
Shop Drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures, Product data, and other data which
the Contractor provides to illustrate details of portions of the Work.
Specifications
The Specifications are that portion of the Contract Documents, wherever located and whenever issued, consisting of the written
requirements and standards for Products, systems, workmanship, quality, and the services necessary for the performance of the
Work.
Subcontractor
A Subcontractor is a person or entity having a direct contract with the Contractor to perform a part or parts of the Work at the
Place of the Work.
Substantial Performance of the Work
Substantial Performance of the Work is as defined in the lien legislation applicable to the Place of the Work.
Supplemental Instruction
A Supplemental Instruction is an instruction, not involving adjustment in the Contract Price or Contract Time, in the form of
Specifications, Drawings, schedules, samples, models, or written instructions, consistent with the intent of the Contract
Documents. It is to be issued by the Consultant to supplement the Contract Documents as required for the performance of the
Work.
Supplier
A Supplier is a person or entity having a direct contract with the Contractor to supply Products.
Temporary Work
Temporary Work means temporary supports, structures, facilities, services, and other temporary items, excluding Construction
Equipment, required for the execution of the Work but not incorporated into the Work.
Value Added Taxes
Value Added Taxes means such sum as shall be levied upon the Contract Price by the Federal or any Provincial or Territorial
Government and is computed as a percentage of the Contract Price and includes the Goods and Services Tax, the Quebec Sales
Tax, the Harmonized Sales Tax, and any similar tax, the collection and payment of which have been imposed on the Contractor
by tax legislation.
Work
The Work means the total construction and related services required by the Contract Documents.
Working Day
Working Day means a day other than a Saturday, Sunday, statutory holiday, or statutory vacation day that is observed by the
construction industry in the area of the Place of the Work.
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CCDC 2 – 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
GENERAL CONDITIONS
GC 1.4 ASSIGNMENT
1.4.1 Neither party to the Contract shall assign the Contract or a portion thereof without the written consent of the other, which
consent shall not be unreasonably withheld.
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2.2.14 The Consultant will prepare Change Orders and Change Directives as provided in GC 6.2 – CHANGE ORDER and GC 6.3 –
CHANGE DIRECTIVE.
2.2.15 The Consultant will conduct reviews of the Work to determine the date of Substantial Performance of the Work and verify that
Ready-for-Takeover has been attained.
2.2.16 All certificates issued by the Consultant will be to the best of the Consultant’s knowledge, information and belief. By issuing
any certificate, the Consultant does not guarantee the Work is correct or complete.
2.2.17 The Consultant will receive and review written warranties and related documents required by the Contract and provided by the
Contractor and will forward such warranties and documents to the Owner for the Owner’s acceptance.
2..2.18 If the Consultant’s engagement is terminated, the Owner shall immediately engage a Consultant against whom the Contractor
makes no reasonable objection and whose duties and responsibilities under the Contract Documents will be that of the former
Consultant.
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3.1.2 The Contractor shall be solely responsible for construction means, methods, techniques, sequences, and procedures and for co-
ordinating the various parts of the Work under the Contract.
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GC 3.4 CONSTRUCTION SCHEDULE
3.4.1 The Contractor shall:
.1 prepare and submit to the Owner and the Consultant prior to the first application for payment, a construction schedule that
indicates the timing of the major activities of the Work and provides sufficient detail of the critical events and their inter-
relationship to demonstrate the Work will be performed in conformity with the Contract Time;
.2 monitor the progress of the Work relative to the construction schedule and update the schedule on a monthly basis or as
stipulated by the Contract Documents; and
.3 advise the Consultant of any revisions required to the schedule as the result of extensions of the Contract Time as provided
in Part 6 of the General Conditions – CHANGES IN THE WORK.
GC 3.5 SUPERVISION
3.5.1 The Contractor shall provide all necessary supervision and appoint a competent representative who shall be in attendance at
the Place of the Work while the Work is being performed. The appointed representative shall not be changed except for valid
reason.
3.5.2 The appointed representative shall represent the Contractor at the Place of the Work. Information and instructions provided
by the Consultant to the Contractor’s appointed representative shall be deemed to have been received by the Contractor, except
with respect to Article A-6 of the Agreement – RECEIPT OF AND ADDRESSES FOR NOTICES IN WRITING.
PART 4 ALLOWANCES
4.1.4 Where the actual cost of the Work under any cash allowance exceeds the amount of the allowance, any unexpended amounts
from other cash allowances shall be reallocated, at the Consultant’s direction, to cover the shortfall, and, in that case, there
shall be no additional amount added to the Contract Price for overhead and profit. Only where the actual cost of the Work
under all cash allowances exceeds the total amount of all cash allowances shall the Contractor be compensated for the excess
incurred and substantiated, plus an amount for overhead and profit on the excess only, as set out in the Contract Documents.
4.1.5 The net amount of any unexpended cash allowances, after providing for any reallocations as contemplated in paragraph 4.1.4,
shall be deducted from the Contract Price by Change Order without any adjustment for the Contractor’s overhead and profit
on such amount.
4.1.6 The value of the Work performed under a cash allowance is eligible to be included in progress payments.
4.1.7 The Contractor and the Consultant shall jointly prepare a schedule that shows when the items called for under cash allowances
must be ordered to avoid delaying the progress of the Work.
PART 5 PAYMENT
GC 5.3 PAYMENT
5.3.1 After receipt by the Consultant and the Owner of an application for payment submitted by the Contractor in accordance with
GC 5.2 – APPLICATIONS FOR PAYMENT:
.1 The Consultant will issue to the Owner and copy to the Contractor, no later than 10 calendar days after the receipt of the
application for payment, a certificate for payment in the amount applied for, or in such other amount as the Consultant
determines to be properly due. If the Consultant certifies a different amount, or rejects the application or part thereof, the
Owner shall promptly issue a written notice to the Contractor giving reasons for the revision or rejection, such written
notice to be in compliance with Payment Legislation.
.2 The Owner shall make payment to the Contractor on account as provided in Article A-5 of the Agreement – PAYMENT on
or before 28 calendar days after the receipt by the Owner and the Consultant of the application for payment, and in any event,
in compliance with Payment Legislation.
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CCDC 2 – 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
5.4.6 Notwithstanding any progressive release of the holdback, the Contractor shall ensure that such parts of the Work are protected
pending the issuance of a final certificate for payment and be responsible for the correction of defects or work not performed
regardless of whether or not such was apparent when the holdback was released.
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6.3.4 Upon receipt of a Change Directive, the Contractor shall proceed promptly with the change in the Work.
6.3.5 For the purpose of valuing Change Directives, changes in the Work that are not substitutions or otherwise related to each other
shall not be grouped together in the same Change Directive.
6.3.6 The adjustment in the Contract Price for a change carried out by way of a Change Directive shall be determined on the basis
of the cost of the Contractor’s actual expenditures and savings attributable to the Change Directive, valued in accordance with
paragraph 6.3.7 and as follows:
.1 If the change results in a net increase in the Contractor’s cost, the Contract Price shall be increased by the amount of the
net increase in the Contractor’s cost, plus the Contractor’s percentage fee on such net increase.
.2 If the change results in a net decrease in the Contractor’s cost, the Contract Price shall be decreased by the amount of the
net decrease in the Contractor’s cost, without adjustment for the Contractor’s percentage fee.
.3 The Contractor’s fee shall be as specified in the Contract Documents or as otherwise agreed by the parties.
6.3.7 The cost of performing the work attributable to the Change Directive shall be limited to the actual cost of the following in as
much as it contributes directly to the implementation of the Change Directive:
Labour
.1 rates that are listed in the schedule or as agreed by the Owner and the Contractor including wages, benefits, compensation,
contributions, assessments, or taxes incurred for such items as employment insurance, provincial or territorial health
insurance, workers’ compensation, and Canada or Quebec Pension Plan for:
(1) trade labour in the direct employ of the Contractor;
(2) the Contractor’s personnel when stationed at the field office;
(3) the Contractor’s personnel engaged at shops or on the road, in expediting the production or transportation of materials
or equipment; and
(4) the Contractor’s office personnel engaged in a technical capacity, or other personnel identified in Article A-3 of the
Agreement – CONTRACT DOCUMENTS for the time spent in the performance of the Work;
Products, Construction Equipment and Temporary Work
.2 cost of all Products including cost of transportation thereof;
.3 in the absence of agreed rates, cost less salvage value of Construction Equipment, Temporary Work and tools, exclusive
of hand tools under $1,000 owned by the Contractor;
.4 rental cost of Construction Equipment, Temporary Work and tools, exclusive of hand tools under $1,000;
.5 cost of all equipment and services required for the Contractor’s field office;
Subcontract
.6 subcontract amounts of Subcontractor with pricing mechanism approved by the Owner;
Others
.7 travel and subsistence expenses of the Contractor’s personnel described in paragraph 6.3.7.1;
.8 deposits lost provided that they are not caused by negligent acts or omissions of the Contractor;
.9 cost of quality assurance such as independent inspection and testing services;
.10 charges levied by authorities having jurisdiction at the Place of the Work;
.11 royalties, patent license fees, and damages for infringement of patents and cost of defending suits therefor subject always
to the Contractor’s obligations to indemnify the Owner as provided in paragraph 10.3.1 of GC 10.3 – PATENT FEES;
.12 premium for all contract securities and insurance for which the Contractor is required, by the Contract Documents, to
provide, maintain and pay in relation to the performance of the Work;
.13 losses and expenses sustained by the Contractor for matters which are the subject of insurance under the policies prescribed
in GC 11.1 – INSURANCE when such losses and expenses are not recoverable because the amounts are in excess of
collectible amounts or within the deductible amounts;
.14 taxes and duties, other than Value Added Taxes, income, capital, or property taxes, relating to the Work for which the
Contractor is liable;
.15 charges for voice and data communications, courier services, expressage, transmittal and reproduction of documents, and
petty cash items;
.16 cost for removal and disposal of waste products and debris;
.17 legal costs, incurred by the Contractor, in relation to the performance of the Work provided that they are not:
(1) relating to a dispute between the Owner and the Contractor unless such costs are part of a settlement or awarded by
arbitration or court,
(2) the result of the negligent acts or omissions of the Contractor, or
(3) the result of a breach of this Contract by the Contractor;
.18 cost of auditing when requested by the Owner; and
.19 cost of Project specific information technology in accordance with the method determined by the parties.
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6.3.8 Notwithstanding any other provisions contained in the General Conditions of the Contract, it is the intention of the parties that
the cost of any item under any cost element referred to in paragraph 6.3.7 shall cover and include any and all costs or liabilities
attributable to the Change Directive other than those which are the result of or occasioned by any failure on the part of the
Contractor to exercise reasonable care and diligence in the Contractor’s attention to the Work. Any cost due to failure on the
part of the Contractor to exercise reasonable care and diligence in the Contractor’s performance of the Work attributable to the
Change Directive shall be borne by the Contractor.
6.3.9 The Contractor shall keep full and detailed accounts and records necessary for the documentation of the cost of performing the
Work attributable to the Change Directive and shall provide the Consultant with copies thereof.
6.3.10 For the purpose of valuing Change Directives, the Owner shall be afforded reasonable access to all of the Contractor’s pertinent
documents related to the cost of performing the Work attributable to the Change Directive.
6.3.11 Pending determination of the final amount of a Change Directive, the undisputed value of the Work performed as the result of
a Change Directive is eligible to be included in progress payments.
6.3.12 If the Owner and the Contractor do not agree on the proposed adjustment in the Contract Time attributable to the change in the
Work, or the method of determining it, the adjustment shall be referred to the Consultant for a finding.
6.3.13 When the Owner and the Contractor reach agreement on the adjustment to the Contract Price and to the Contract Time, this
agreement shall be recorded in a Change Order.
GC 6.5 DELAYS
6.5.1 If the Contractor is delayed in the performance of the Work by the Owner, the Consultant, or anyone employed or engaged by
them directly or indirectly, contrary to the provisions of the Contract Documents, then the Contract Time shall be extended for
such reasonable time as the Consultant may recommend in consultation with the Contractor. The Contractor shall be
reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay.
6.5.2 If the Contractor is delayed in the performance of the Work by a stop work order issued by a court or other public authority
and providing that such order was not issued as the result of an act or fault of the Contractor or any person employed or engaged
by the Contractor directly or indirectly, resulting in the failure of the Contractor to attain Ready-for-Takeover by the date
stipulated in Article A-1 of the Agreement – THE WORK, then the Contract Time shall be extended for such reasonable time
as the Consultant may recommend in consultation with the Contractor. The Contractor shall be reimbursed by the Owner for
reasonable costs incurred by the Contractor as the result of such delay.
6.5.3 If the Contractor is delayed in the performance of the Work by:
.1 labour disputes, strikes, lock-outs (including lock-outs decreed or recommended for its members by a recognized
contractors’ association, of which the Contractor is a member or to which the Contractor is otherwise bound),
.2 fire, unusual delay by common carriers or unavoidable casualties,
.3 abnormally adverse weather conditions, or
.4 any cause beyond the Contractor’s control other than one resulting from a default or breach of Contract by the Contractor,
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then the Contract Time shall be extended for such reasonable time as the Consultant may recommend in consultation with the
Contractor. The extension of time shall not be less than the time lost as the result of the event causing the delay, unless the
Contractor agrees to a shorter extension. The Contractor shall not be entitled to payment for costs incurred by such delays
unless such delays result from actions by the Owner, the Consultant or anyone employed or engaged by them directly or
indirectly.
6.5.4 No extension shall be made for delay unless Notice in Writing of the cause of delay is given to the Consultant not later than 10
Working Days after the commencement of the delay. In the case of a continuing cause of delay only one Notice in Writing
shall be necessary.
6.5.5 If no schedule is made under paragraph 2.2.12 of GC 2.2 – ROLE OF THE CONSULTANT, then no request for extension
shall be made because of failure of the Consultant to furnish instructions until 10 Working Days after demand for such
instructions has been made.
GC 7.1 OWNER’S RIGHT TO PERFORM THE WORK, TERMINATE THE CONTRACTOR’S RIGHT TO CONTINUE
WITH THE WORK OR TERMINATE THE CONTRACT
7.1.1 If the Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors because of the Contractor’s
insolvency, or if a receiver is appointed because of the Contractor’s insolvency, the Owner may, without prejudice to any other
right or remedy the Owner may have, terminate the Contractor’s right to continue with the Work, by giving the Contractor or
receiver or trustee in bankruptcy Notice in Writing to that effect.
7.1.2 If the Contractor neglects to perform the Work properly or otherwise fails to comply with the requirements of the Contract to
a substantial degree and if the Consultant has given a written statement to the Owner and Contractor which provides the detail
of such neglect to perform the Work properly or such failure to comply with the requirements of the Contract to a substantial
degree, the Owner may, without prejudice to any other right or remedy the Owner may have, give the Contractor Notice in
Writing, containing particulars of the default including references to applicable provisions of the Contract, that the Contractor is
in default of the Contractor’s contractual obligations and instruct the Contractor to correct the default in the 5 Working Days
immediately following the receipt of such Notice in Writing.
7.1.3 If the default cannot be corrected in the 5 Working Days specified or in such other time period as may be subsequently agreed
in writing by the parties, the Contractor shall be in compliance with the Owner’s instructions if the Contractor:
.1 commences the correction of the default within the specified time,
.2 provides the Owner with an acceptable schedule for such correction, and
.3 corrects the default in accordance with the Contract terms and with such schedule.
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7.1.4 If the Contractor fails to correct the default in the time specified or in such other time period as may be subsequently agreed in
writing by the parties, without prejudice to any other right or remedy the Owner may have, the Owner may by giving Notice in
Writing:
.1 correct such default and deduct the cost thereof from any payment then or thereafter due the Contractor for the Work
provided the Consultant has certified such cost to the Owner and the Contractor, or
.2 terminate the Contractor’s right to continue with the Work in whole or in part or terminate the Contract.
7.1.5 If the Owner terminates the Contractor’s right to continue with the Work as provided in paragraphs 7.1.1 and 7.1.4, the Owner
shall be entitled to:
.1 take possession of the Work and Products at the Place of the Work; subject to the rights of third parties, utilize the
Construction Equipment at the Place of the Work; finish the Work by whatever method the Owner may consider expedient,
but without undue delay or expense,
.2 withhold further payment to the Contractor until a final certificate for payment is issued,
.3 charge the Contractor the amount by which the full cost of finishing the Work as certified by the Consultant, including
compensation to the Consultant for the Consultant’s additional services and a reasonable allowance as determined by the
Consultant to cover the cost of corrections to work performed by the Contractor that may be required under GC 12.3 –
WARRANTY, exceeds the unpaid balance of the Contract Price; however, if such cost of finishing the Work is less than
the unpaid balance of the Contract Price, the Owner shall pay the Contractor the difference, and
.4 on expiry of the warranty period, charge the Contractor the amount by which the cost of corrections to the Contractor’s
work under GC 12.3 – WARRANTY exceeds the allowance provided for such corrections, or if the cost of such corrections
is less than the allowance, pay the Contractor the difference.
7.1.6 The Contractor’s obligation under the Contract as to quality, correction and warranty of the work performed by the Contractor
up to the time of termination shall continue in force after such termination of the Contract.
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in the first instance by findings of the Consultant as provided in GC 2.2 – ROLE OF THE CONSULTANT, shall be settled in
accordance with the requirements of Part 8 of the General Conditions – DISPUTE RESOLUTION.
8.1.2 If a dispute arises under the Contract in respect of a matter in which the Consultant has no authority under the Contract to
make a finding, the procedures set out in paragraph 8.1.3 and paragraphs 8.3.3 to 8.3.8 of GC 8.3 – NEGOTIATION,
MEDIATION AND ARBITRATION, and in GC 8.4 – RETENTION OF RIGHTS apply to that dispute with the necessary
changes to detail as may be required.
8.1.3 If a dispute is not resolved promptly, the Consultant will give such instructions as in the Consultant’s opinion are necessary
for the proper performance of the Work and to prevent delays pending settlement of the dispute. The parties shall act
immediately according to such instructions, it being understood that by so doing neither party will jeopardize any claim the
party may have. If it is subsequently determined that such instructions were in error or at variance with the Contract Documents,
the Owner shall pay the Contractor costs incurred by the Contractor in carrying out such instructions which the Contractor
was required to do beyond what the Contract Documents correctly understood and interpreted would have required, including
costs resulting from interruption of the Work.
GC 8.2 ADJUDICATION
8.2.1 Nothing in this Contract shall be deemed to affect the rights of the parties to resolve any dispute by adjudication as may be
prescribed by applicable legislation.
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.2 consolidated into a single arbitration under the rules governing the arbitration under paragraph 8.3.6.
GC 9.5 MOULD
9.5.1 If the Contractor or the Owner observes or reasonably suspects the presence of mould at the Place of the Work, the remediation
of which is not expressly part of the Work,
.1 the observing party shall promptly report the circumstances to the other party in writing,
.2 the Contractor shall promptly take all reasonable steps, including stopping the Work if necessary, to ensure that no person
suffers injury, sickness or death and that no property is damaged as a result of exposure to or the presence of the mould, and
CCDC 2 – 2020 22
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.3 if the Owner and the Contractor do not agree on the existence, significance or cause of the mould or as to what steps need be
taken to deal with it, the Owner shall retain and pay for an independent qualified expert to investigate and determine such
matters. The expert’s report shall be delivered to the Owner and the Contractor.
9.5.2 If the Owner and the Contractor agree, or if the expert referred to in paragraph 9.5.1.3 determines that the presence of mould was
caused by the Contractor’s operations under the Contract, the Contractor shall promptly, at the Contractor’s own expense:
.1 take all reasonable and necessary steps to safely remediate or dispose of the mould,
.2 make good any damage to the Work, the Owner’s property or property adjacent to the Place of the Work as provided in
paragraph 9.1.3 of GC 9.1 – PROTECTION OF WORK AND PROPERTY,
.3 reimburse the Owner for reasonable costs incurred under paragraph 9.5.1.3, and
.4 indemnify the Owner as required by GC 13.1 – INDEMNIFICATION.
9.5.3 If the Owner and the Contractor agree, or if the expert referred to in paragraph 9.5.1.3 determines that the presence of mould was
not caused by the Contractor’s operations under the Contract, the Owner shall promptly, at the Owner’s own expense:
.1 take all reasonable and necessary steps to safely remediate or dispose of the mould,
.2 reimburse the Contractor for the cost of taking the steps under paragraph 9.5.1.2 and making good any damage to the Work
as provided in paragraph 9.1.4 of GC 9.1 – PROTECTION OF WORK AND PROPERTY,
.3 extend the Contract Time for such reasonable time as the Consultant may recommend in consultation with the Contractor
and the expert referred to in paragraph 9.5.1.3 and reimburse the Contractor for reasonable costs incurred as a result of the
delay, and
.4 indemnify the Contractor as required by GC 13.1 – INDEMNIFICATION.
9.5.4 If either party does not accept the expert’s finding under paragraph 9.5.1.3, the disagreement shall be settled in accordance with
Part 8 of the General Conditions – DISPUTE RESOLUTION. If such disagreement is not resolved promptly, the parties shall act
immediately in accordance with the expert’s determination and take the steps required by paragraphs 9.5.2 or 9.5.3, it being
understood that by so doing neither party will jeopardize any claim the party may have to be reimbursed as provided by GC 9.5 –
MOULD.
CCDC 2 – 2020 23
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and shall correct the violations thereof; and shall bear the costs, expenses and damages attributable to the failure to comply
with the provisions of such laws, ordinances, rules, regulations, or codes.
10.2.7 If, subsequent to the time of bid closing, changes are made to applicable laws, ordinances, rules, regulations, or codes of
authorities having jurisdiction which affect the cost of the Work, either party may submit a claim in accordance with the
requirements of GC 6.6 – CLAIMS FOR A CHANGE IN CONTRACT PRICE.
PART 11 INSURANCE
GC 11.1 INSURANCE
11.1.1 Without restricting the generality of GC 13.1 – INDEMNIFICATION, the Contractor shall provide, maintain and pay for the
following insurance coverages, the requirements of which are specified in CCDC 41 ‘CCDC Insurance Requirements’ in effect at
the time of bid closing except as hereinafter provided:
.1 General liability insurance in the name of the Contractor and include, or in the case of a single, blanket policy, be endorsed
to name, the Owner and the Consultant as insureds but only with respect to liability, other than legal liability arising out
of their sole negligence, arising out of the operations of the Contractor with regard to the Work. General liability insurance
shall be maintained from the date of commencement of the Work until one year from the date of Ready-for-Takeover.
Liability coverage shall be provided for completed operations hazards from the date of Ready-for-Takeover, as set out in
the certificate of Ready-for-Takeover, on an ongoing basis for a period of 6 years following Ready-for-Takeover.
.2 Automobile Liability Insurance from the date of commencement of the Work until one year after the date of Ready-for-
Takeover.
.3 Aircraft or Watercraft Liability Insurance when owned or non-owned aircraft or watercraft are used directly or indirectly
in the performance of the Work.
.4 "Broad form" property insurance in the joint names of the Contractor, the Owner and the Consultant. The policy shall
include as insureds all Subcontractors. The “Broad form” property insurance shall be provided from the date of
commencement of the Work until the earliest of:
(1) 10 calendar days after the date of Ready-for-Takeover;
(2) on the commencement of use or occupancy of any part or section of the Work unless such use or occupancy is for
construction purposes, habitational, office, banking, convenience store under 465 square metres in area, or parking
purposes, or for the installation, testing and commissioning of equipment forming part of the Work; and
(3) when left unattended for more than 30 consecutive calendar days or when construction activity has ceased for more
than 30 consecutive calendar days.
.5 Boiler and machinery insurance in the joint names of the Contractor, the Owner and the Consultant. The policy shall
include as insureds all Subcontractors. The coverage shall be maintained continuously from commencement of use or
operation of the boiler and machinery objects insured by the policy and until 10 calendar days after the date of Ready-for-
Takeover.
.6 The “Broad form” property and boiler and machinery policies shall provide that, in the case of a loss or damage, payment
shall be made to the Owner and the Contractor as their respective interests may appear. In the event of loss or damage:
(1) the Contractor shall act on behalf of the Owner for the purpose of adjusting the amount of such loss or damage
payment with the insurers. When the extent of the loss or damage is determined, the Contractor shall proceed to
restore the Work. Loss or damage shall not affect the rights and obligations of either party under the Contract except
that the Contractor shall be entitled to such reasonable extension of Contract Time relative to the extent of the loss or
damage as the Consultant may recommend in consultation with the Contractor;
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(2) the Contractor shall be entitled to receive from the Owner, in addition to the amount due under the Contract, the
amount which the Owner’s interest in restoration of the Work has been appraised, such amount to be paid as the
restoration of the Work proceeds in accordance with the progress payment provisions. In addition the Contractor shall
be entitled to receive from the payments made by the insurer the amount of the Contractor’s interest in the restoration
of the Work; and
(3) to the Work arising from the work of the Owner, the Owner’s own forces or Other Contractors, the Owner shall, in
accordance with the Owner’s obligations under the provisions relating to construction by the Owner or Other
Contractors, pay the Contractor the cost of restoring the Work as the restoration of the Work proceeds and as in
accordance with the progress payment provisions.
.7 Contractors’ Equipment Insurance from the date of commencement of the Work until one year after the date of Ready-for-
Takeover.
11.1.2 Prior to commencement of the Work and upon the placement, renewal, amendment, or extension of all or any part of the insurance,
the Contractor shall promptly provide the Owner with confirmation of coverage and, if required, a certified true copy of the
policies certified by an authorized representative of the insurer together with copies of any amending endorsements applicable to
the Work.
11.1.3 The parties shall pay their share of the deductible amounts in direct proportion to their responsibility in regards to any loss for
which the above policies are required to pay, except where such amounts may be excluded by the terms of the Contract.
11.1.4 If the Contractor fails to provide or maintain insurance as required by the Contract Documents, then the Owner shall have the
right to provide and maintain such insurance and give evidence to the Contractor and the Consultant. The Contractor shall pay
the cost thereof to the Owner on demand or the Owner may deduct the cost from the amount which is due or may become due to
the Contractor.
11.1.5 All required insurance policies shall be with insurers licensed to underwrite insurance in the jurisdiction of the Place of the Work.
11.1.6 If a revised version of CCDC 41 is published, which specifies reduced insurance requirements, the parties shall address such
reduction, prior to the Contractor’s insurance policy becoming due for renewal, and record any agreement in a Change Order.
11.1.7 If a revised version of CCDC 41 is published, which specifies increased insurance requirements, the Owner may request the
increased coverage from the Contractor by way of a Change Order.
11.1.8 A Change Directive shall not be used to direct a change in the insurance requirements in response to the revision of CCDC 41.
GC 12.1 READY-FOR-TAKEOVER
12.1.1 The prerequisites to attaining Ready-for-Takeover of the Work are limited to the following:
.1 The Consultant has certified or verified the Substantial Performance of the Work.
.2 Evidence of compliance with the requirements for occupancy or occupancy permit as prescribed by the authorities having
jurisdiction.
.3 Final cleaning and waste removal at the time of applying for Ready-for-Takeover, as required by the Contract Documents.
.4 The delivery to the Owner of such operations and maintenance documents reasonably necessary for immediate operation
and maintenance, as required by the Contract Documents.
.5 Make available a copy of the as-built drawings completed to date on site.
.6 Startup, testing required for immediate occupancy, as required by the Contract Documents.
.7 Ability to secure access to the Work has been provided to the Owner, if required by the Contract Documents.
.8 Demonstration and training, as required by the Contract Documents, is scheduled by the Contractor acting reasonably.
12.1.2 If any prerequisites set forth in paragraphs 12.1.1.3 to 12.1.1.6 must be deferred because of conditions reasonably beyond the
control of the Contractor, or by agreement between the Owner and the Contractor to do so, Ready-for-Takeover shall not be
delayed.
12.1.3 When the Contractor considers that the Work is Ready-for-Takeover, the Contractor shall deliver to the Consultant and to the
Owner a comprehensive list of items to be completed or corrected, together with a written application for Ready-for-Takeover
for review. Failure to include an item on the list does not alter the responsibility of the Contractor to complete the Contract.
12.1.4 The Consultant will review the Work to verify the validity of the application and will promptly, and in any event, no later than
10 calendar days after receipt of the Contractor’s list and application:
.1 advise the Contractor in writing that the Work is not Ready-for-Takeover and give reasons why, or
.2 confirm the date of Ready-for-Takeover in writing to each of the Owner and the Contractor.
12.1.5 Immediately following the confirmation of the date of Ready-for-Takeover, the Contractor, in consultation with the Consultant,
shall establish a reasonable date for finishing the Work.
CCDC 2 – 2020 25
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12.1.6 The provision of GC 12.1 – READY-FOR-TAKEOVER shall be subject to GC 12.2 – EARLY OCCUPANCY BY THE
OWNER.
GC 12.3 WARRANTY
12.3.1 Except for extended warranties as described in paragraph 12.3.6, the warranty period under the Contract is one year from the
date when Ready-for-Takeover has been attained.
12.3.2 The Contractor shall be responsible for the proper performance of the Work to the extent that the design and Contract
Documents permit such performance.
12.3.3 The Owner, through the Consultant, shall promptly give the Contractor Notice in Writing of observed defects and deficiencies
which occur during the one year warranty period.
12.3.4 Subject to paragraph 12.3.2, the Contractor shall correct promptly, at the Contractor’s expense, defects or deficiencies in the
Work which appear prior to and during the one year warranty period.
12.3.5 The Contractor shall correct or pay for damage resulting from corrections made under the requirements of paragraph 12.3.4.
12.3.6 Any extended warranties required beyond the one year warranty period as described in paragraph 12.3.1, shall be as specified
in the Contract Documents. Extended warranties shall be issued by the warrantor to the benefit of the Owner. The Contractor’s
responsibility with respect to extended warranties shall be limited to obtaining any such extended warranties from the warrantor.
The obligations under such extended warranties are solely the responsibilities of the warrantor.
GC 13.1 INDEMNIFICATION
13.1.1 Without restricting the parties’ obligation to indemnify respecting toxic and hazardous substances, patent fees and defect in title
claims all as described in paragraphs 13.1.4 and 13.1.5, the Owner and the Contractor shall each indemnify and hold harmless the
other from and against all claims, demands, losses, costs, damages, actions, suits, or proceedings whether in respect to losses
suffered by them or in respect to claims by third parties that arise out of, or are attributable in any respect to their involvement as
parties to this Contract, provided such claims are:
.1 caused by:
(1) the negligent acts or omissions of the party from whom indemnification is sought or anyone for whose negligent acts or
omissions that party is liable, or
(2) a failure of the party to the Contract from whom indemnification is sought to fulfill its terms or conditions; and
.2 made by Notice in Writing within a period of 6 years from the Ready-for-Takeover date or within such shorter period as may
be prescribed by any limitation statute of the Province or Territory of the Place of the Work.
The parties expressly waive the right to indemnity for claims other than those provided for in this Contract.
13.1.2 The obligation of either party to indemnify as set forth in paragraph 13.1.1 shall be limited as follows:
.1 In respect to losses suffered by the Owner and the Contractor for which insurance is to be provided by either party pursuant
to GC 11.1 – INSURANCE, the general liability insurance limit for one occurrence as referred to in CCDC 41 in effect at the
time of bid closing.
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.2 In respect to losses suffered by the Owner and the Contractor for which insurance is not required to be provided by either
party in accordance with GC 11.1 – INSURANCE, the greater of the Contract Price as recorded in Article A-4 – CONTRACT
PRICE or $2,000,000, but in no event shall the sum be greater than $20,000,000.
.3 In respect to indemnification by a party against the other with respect to losses suffered by them, such obligation shall be
restricted to direct loss and damage, and neither party shall have any liability to the other for indirect, consequential, punitive
or exemplary damages.
.4 In respect to indemnification respecting claims by third parties, the obligation to indemnify is without limit.
13.1.3 The obligation of either party to indemnify the other as set forth in paragraphs 13.1.1 and 13.1.2 shall be inclusive of interest and
all legal costs.
13.1.4 The Owner and the Contractor shall indemnify and hold harmless the other from and against all claims, demands, losses, costs,
damages, actions, suits, or proceedings arising out of their obligations described in GC 9.2 – TOXIC AND HAZARDOUS
SUBSTANCES.
13.1.5 The Owner shall indemnify and hold harmless the Contractor from and against all claims, demands, losses, costs, damages,
actions, suits, or proceedings:
.1 as described in paragraph 10.3.2 of GC 10.3 – PATENT FEES, and
.2 arising out of the Contractor’s performance of the Contract which are attributable to a lack of or defect in title or an alleged
lack of or defect in title to the Place of the Work.
13.1.6 In respect to any claim for indemnity or to be held harmless by the Owner or the Contractor:
.1 Notice in Writing of such claim shall be given within a reasonable time after the facts upon which such claim is based become
known; and
.2 should any party be required as a result of its obligation to indemnify another to pay or satisfy a final order, judgment or
award made against the party entitled by this contract to be indemnified, then the indemnifying party upon assuming all
liability for any costs that might result shall have the right to appeal in the name of the party against whom such final order
or judgment has been made until such rights of appeal have been exhausted.
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.4 damages arising from the Contractor’s actions which result in substantial defects or deficiencies in the Work. “Substantial
defects or deficiencies” mean those defects or deficiencies in the Work which affect the Work to such an extent or in such a
manner that a significant part or the whole of the Work is unfit for the purpose intended by the Contract Documents;
.5 claims arising pursuant to GC 12.3 – WARRANTY; and
.6 claims arising from acts or omissions which occur after the Ready-for-Takeover date.
13.2.4 Respecting claims arising upon substantial defects and deficiencies in the Work, as referenced in paragraph 13.2.3.4, and
notwithstanding paragraph 13.2.3.5, the Owner waives and releases the Contractor from all claims except claims for which Notice
in Writing of claim has been received by the Contractor from the Owner within a period of six years from the Ready-for-Takeover
date, provided that any limitation statute of the Province or Territory of the Place of the Work permit such agreement. If the
applicable limitation statute does not permit such agreement, the time within any such claim may be brought shall be such shorter
period as may be prescribed by any limitation statute of the Province or Territory of the Place of the Work.
13.2.5 The Owner waives and releases the Contractor from all claims arising from acts or omissions which occur after the Ready-for-
Takeover date, except for:
.1 indemnification for claims advanced against the Owner by third parties, as referenced in paragraph 13.2.3.2;
.2 claims respecting toxic and hazardous substances for which a right of indemnity could be asserted by the Owner against the
Contractor, as referenced in paragraph 13.2.3.3;
.3 claims arising under GC 12.3 – WARRANTY; and
.4 claims for which Notice is Writing has been received by the Contractor from the Owner within 395 calendar days following
the Ready-for-Takeover date.
13.2.6 “Notice in Writing of claim” as provided for in GC 13.2 – WAIVER OF CLAIMS to preserve a claim or right of action which
would otherwise, by the provisions of GC 13.2 – WAIVER OF CLAIMS, be deemed to be waived, must include the following:
.1 a clear and unequivocal statement of an intention to claim;
.2 a statement as to the nature of the claim and the grounds upon which the claim is based; and
.3 a statement of the estimated quantum of the claim.
13.2.7 A claim for lien asserted under the lien legislation prevailing at the Place of the Work shall qualify as notice of claim for the
purposes of this Contract.
13.2.8 The party giving the Notice in Writing of claim as provided for in GC 13.2 – WAIVER OF CLAIMS shall submit within a
reasonable time a detailed account of the amount claimed.
13.2.9 Where the event or series of events giving rise to a claim made under paragraphs 13.2.1 or 13.2.3 has a continuing effect, the
detailed account submitted under paragraph 13.2.8 shall be considered to be an interim account and the party making the claim
shall submit further interim accounts, at reasonable intervals, giving the accumulated amount of the claim and any further grounds
upon which such claim is based. The party making the claim shall submit a final account after the end of the effects resulting from
the event or series of events.
13.2.10 Nothing in GC 13.2 – WAIVER OF CLAIMS shall be deemed to affect the rights of the parties under any lien legislation or
limitations legislation prevailing at the Place of the Work.
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