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The key takeaways are that the document outlines a stipulated price construction contract and addresses topics such as the work, payments, changes to work, defaults, disputes and indemnification.

The purpose of the document is to establish an agreement between an owner and contractor for a construction project where payment is based on a stipulated or fixed price.

The main sections covered in the document include definitions, general conditions, execution of work, allowances, payments, changes to work, defaults, dispute resolution, protection of persons and property, governing regulations, insurance and owner takeover.

CCDC 2 STIPULATED PRICE CONTRACT

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

DEFINITIONS PART 6 CHANGES IN THE WORK


Change Directive GC 6.1 Owner’s Right to Make Changes
Change Order GC 6.2 Change Order
Construction Equipment GC 6.3 Change Directive
Consultant GC 6.4 Concealed or Unknown Conditions
Contract GC 6.5 Delays
Contract Documents GC 6.6 Claims for a Change in Contract Price
Contract Price
Contract Time PART 7 DEFAULT NOTICE
Contractor GC 7.1 Owner’s Right to Perform the Work, Terminate the Contractor’s Right to
Drawings Continue with the Work or Terminate the Contract
Notice in Writing GC 7.2 Contractor’s Right to Suspend the Work or Terminate the Contract
Owner
Other Contractor PART 8 DISPUTE RESOLUTION
Payment Legislation GC 8.1 Authority of the Consultant
Place of the Work GC 8.2 Adjudication
Product GC 8.3 Negotiation, Mediation and Arbitration
Project GC 8.4 Retention of Rights
Ready-for-Takeover
Shop Drawings PART 9 PROTECTION OF PERSONS AND PROPERTY
Specifications GC 9.1 Protection of Work and Property
Subcontractor GC 9.2 Toxic and Hazardous Substances
Substantial Performance of the Work GC 9.3 Artifacts and Fossils
Supplemental Instruction GC 9.4 Construction Safety
Supplier GC 9.5 Mould
Temporary Work
Value Added Taxes PART 10 GOVERNING REGULATIONS
Work GC 10.1 Taxes and Duties
Working Day GC 10.2 Laws, Notices, Permits, and Fees
GC 10.3 Patent Fees
GENERAL CONDITIONS GC 10.4 Workers’ Compensation

PART 1 GENERAL PROVISIONS PART 11 INSURANCE


GC 1.1 Contract Documents GC 11.1 Insurance
GC 1.2 Law of the Contract
GC 1.3 Rights and Remedies PART 12 OWNER TAKEOVER
GC 1.4 Assignment GC 12.1 Ready-for-Takeover
GC 12.2 Early Occupancy by the Owner
PART 2 ADMINISTRATION OF THE CONTRACT GC 12.3 Warranty
GC 2.1 Authority of the Consultant
GC 2.2 Role of the Consultant PART 13 INDEMNIFICATION AND WAIVER
GC 2.3 Review and Inspection of the Work GC 13.1 Indemnification
GC 2.4 Defective Work GC 13.2 Waiver of Claims

PART 3 EXECUTION OF THE WORK


GC 3.1 Control of the Work
GC 3.2 Construction by the Owner or Other Contractors
GC 3.3 Temporary Work
GC 3.4 Construction Schedule
GC 3.5 Supervision
GC 3.6 Subcontractors and Suppliers CCDC 2 is the product of a consensus-building process aimed at balancing the
GC 3.7 Labour and Products interests of all parties on the construction project. It reflects recommended industry
GC 3.8 Shop Drawings practices. The CCDC and its constituent member organizations do not accept any
responsibility or liability for loss or damage which may be suffered as a result of
PART 4 ALLOWANCES the use or interpretation of CCDC 2.
GC 4.1 Cash Allowances
GC 4.2 Contingency Allowance CCDC Copyright 2020
Must not be copied in whole or in part without the written permission of the CCDC.
AGREEMENT BETWEEN OWNER AND CONTRACTOR
For use when a stipulated price is the basis of payment.

This Agreement made on day of in the year .


by and between the parties

hereinafter called the “Owner”


and

hereinafter called the "Contractor"

The Owner and the Contractor agree as follows:

ARTICLE A-1 THE WORK


The Contractor shall:
1.1 perform the Work required by the Contract Documents for (insert below the description or title of the Work)

located at (insert below the Place of the Work)

for which the Agreement has been signed by the parties, and for which (insert below the name of the Consultant)

is acting as and is hereinafter called the "Consultant" and


1.2 do and fulfill everything indicated by the Contract Documents, and
1.3 commence the Work by the day of in the year and, subject to adjustment in Contract
Time as provided for in the Contract Documents, attain Ready-for-Takeover, by the day of in
the year .

ARTICLE A-2 AGREEMENTS AND AMENDMENTS


2.1 The Contract supersedes all prior negotiations, representations or agreements, either written or oral, relating in any manner to the
Work, including the bid documents that are not expressly listed in Article A-3 of the Agreement – CONTRACT DOCUMENTS.
2.2 The Contract may be amended only as provided in the Contract Documents.

CCDC 2 – 2020 1
Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this
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
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)

CCDC 2 – 2020 2
Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this
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
CCDC 2 – 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
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.

ARTICLE A-5 PAYMENT


5.1 Subject to the provisions of the Contract Documents and Payment Legislation, and in accordance with legislation and statutory
regulations respecting holdback percentages, the Owner shall:
.1 make progress payments to the Contractor on account of the Contract Price when due in the amount certified by the
Consultant unless otherwise prescribed by Payment Legislation together with such Value Added Taxes as may be applicable
to such payments,
.2 upon Substantial Performance of the Work, pay to the Contractor the unpaid balance of the holdback amount when due
together with such Value Added Taxes as may be applicable to such payment, and
.3 upon the issuance of the final certificate for payment, pay to the Contractor the unpaid balance of the Contract Price when
due together with such Value Added Taxes as may be applicable to such payment.
5.2 Interest
.1 Should either party fail to make payments as they become due under the terms of the Contract or in an award by adjudication,
arbitration or court, interest at the following rates on such unpaid amounts shall also become due and payable until payment:
(1) 2% per annum above the prime rate for the first 60 days.
(2) 4% per annum above the prime rate after the first 60 days.
Such interest shall be compounded on a monthly basis. The prime rate shall be the rate of interest quoted by
(Insert name of chartered lending institution whose prime rate is to be used)

for prime business loans as it may change from time to time.


.2 Interest shall apply at the rate and in the manner prescribed by paragraph 5.2.1 of this Article on the settlement amount of any
claim in dispute that is resolved either pursuant to Part 8 of the General Conditions – DISPUTE RESOLUTION or otherwise,
from the date the amount would have been due and payable under the Contract, had it not been in dispute, until the date it is
paid.

ARTICLE A-6 RECEIPT OF AND ADDRESSES FOR NOTICES IN WRITING


6.1 Notices in Writing will be addressed to the recipient at the address set out below.
6.2 The delivery of a Notice in Writing will be by hand, by courier, by prepaid first class mail, or by other form of electronic
communication during the transmission of which no indication of failure of receipt is communicated to the sender.
6.3 A Notice in Writing delivered by one party in accordance with this Contract will be deemed to have been received by the other party
on the date of delivery if delivered by hand or courier, or if sent by mail it will be deemed to have been received five calendar days
after the date on which it was mailed, provided that if either such day is not a Working Day, then the Notice in Writing will be deemed
to have been received on the Working Day next following such day.
6.4 A Notice in Writing sent by any form of electronic communication will be deemed to have been received on the date of its
transmission provided that if such day is not a Working Day or if it is received after the end of normal business hours on the date of
its transmission at the place of receipt, then it will be deemed to have been received at the opening of business at the place of receipt
on the first Working Day next following the transmission thereof.
6.5 An address for a party may be changed by Notice in Writing to the other party setting out the new address in accordance with this
Article.
CCDC 2 – 2020 3
Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this
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
CCDC 2 – 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
Owner

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.

ARTICLE A-7 LANGUAGE OF THE CONTRACT


7.1 When the Contract Documents are prepared in both the English and French languages, it is agreed that in the event of any
apparent discrepancy between the English and French versions, the English / French # language shall prevail.
# Complete this statement by striking out inapplicable term.

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.

ARTICLE A-8 SUCCESSION


8.1 The Contract shall enure to the benefit of and be binding upon the parties hereto, their respective heirs, legal representatives,
successors, and assigns.

CCDC 2 – 2020 4
Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this
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
CCDC 2 – 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
In witness whereof the parties hereto have executed this Agreement by the hands of their duly authorized representatives.

SIGNED AND DELIVERED


in the presence of:

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.

CCDC 2 – 2020 5
Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this
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
CCDC 2 – 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
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.

CCDC 2 – 2020 6
Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this
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
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.

CCDC 2 – 2020 7
Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this
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
CCDC 2 – 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
GENERAL CONDITIONS

PART 1 GENERAL PROVISIONS

GC 1.1 CONTRACT DOCUMENTS


1.1.1 The intent of the Contract Documents is to include the labour, Products and services necessary for the performance of the Work
by the Contractor in accordance with these documents. It is not intended, however, that the Contractor shall supply products
or perform work not consistent with, not covered by, or not properly inferable from the Contract Documents.
1.1.2 The Contract Documents are complementary, and what is required by one shall be as binding as if required by all. Performance
by the Contractor shall be required only to the extent consistent with the Contract Documents.
1.1.3 The Contractor shall review the Contract Documents for the purpose of facilitating co-ordination and execution of the Work
by the Contractor.
1.1.4 The Contractor is not responsible for errors, omissions or inconsistencies in the Contract Documents. If there are perceived
errors, omissions or inconsistencies discovered by or made known to the Contractor, the Contractor shall promptly report to
the Consultant and shall not proceed with the work affected until the Contractor has received corrected or additional
information from the Consultant.
1.1.5 If there is a conflict within the Contract Documents:
.1 the order of priority of documents, from highest to lowest, shall be
• the Agreement between Owner and Contractor,
• the Definitions,
• Supplementary Conditions,
• the General Conditions,
• Division 01 of the Specifications,
• technical Specifications,
• material and finishing schedules,
• the Drawings.
.2 Drawings of larger scale shall govern over those of smaller scale of the same date.
.3 dimensions shown on Drawings shall govern over dimensions scaled from Drawings.
.4 amended or later dated documents shall govern over earlier documents of the same type.
.5 noted materials and annotations shall govern over graphic indications.
1.1.6 Nothing contained in the Contract Documents shall create any contractual relationship between:
.1 the Owner and a Subcontractor, a Supplier, or their agent, employee, or other person performing any portion of the Work.
.2 the Consultant and the Contractor, a Subcontractor, a Supplier, or their agent, employee, or other person performing any
portion of the Work.
1.1.7 Words and abbreviations which have well known technical or trade meanings are used in the Contract Documents in accordance
with such recognized meanings.
1.1.8 References in the Contract Documents to the singular shall be considered to include the plural as the context requires.
1.1.9 Neither the organization of the Specifications nor the arrangement of Drawings shall control the Contractor in dividing the
work among Subcontractors and Suppliers.
1.1.10 Specifications, Drawings, models, and copies thereof furnished by the Consultant are and shall remain the Consultant’s
property, with the exception of the signed Contract sets, which shall belong to each party to the Contract. All Specifications,
Drawings and models furnished by the Consultant are to be used only with respect to the Work and are not to be used on other
work. These Specifications, Drawings and models are not to be copied or altered in any manner without the written
authorization of the Consultant.
1.1.11 Physical models furnished by the Contractor at the Owner’s expense are the property of the Owner.

GC 1.2 LAW OF THE CONTRACT


1.2.1 The law of the Place of the Work shall govern the interpretation of the Contract.

GC 1.3 RIGHTS AND REMEDIES


1.3.1 Except as expressly provided in the Contract Documents, the duties and obligations imposed by the Contract Documents and
the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights, and
remedies otherwise imposed or available by law.
CCDC 2 – 2020 8
Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this
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
CCDC 2 – 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
1.3.2 No action or failure to act by the Owner, the Consultant or the Contractor shall constitute a waiver of any right or duty afforded
any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any
breach thereunder, except as may be specifically agreed in writing.

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.

PART 2 ADMINISTRATION OF THE CONTRACT

GC 2.1 AUTHORITY OF THE CONSULTANT


2.1.1 The Consultant will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless
otherwise modified by written agreement as provided in paragraph 2.1.2.
2.1.2 The duties, responsibilities and limitations of authority of the Consultant as set forth in the Contract Documents shall be
modified or extended only with the written consent of the Owner, the Consultant and the Contractor.

GC 2.2 ROLE OF THE CONSULTANT


2.2.1 The Consultant will provide administration of the Contract as described in the Contract Documents.
2.2.2 The Consultant will visit the Place of the Work at intervals appropriate to the progress of construction to become familiar with
the progress and quality of the work and to determine if the Work is proceeding in general conformity with the Contract
Documents.
2.2.3 If the Owner and the Consultant agree, the Consultant will provide at the Place of the Work, one or more project representatives
to assist in carrying out the Consultant’s responsibilities. The duties, responsibilities and limitations of authority of such project
representatives shall be as set forth in writing to the Contractor.
2.2.4 Based on the Consultant’s observations and evaluation of the Contractor’s applications for payment, the Consultant will
determine the amounts owing to the Contractor under the Contract and will issue certificates for payment as provided in Article
A-5 of the Agreement – PAYMENT, GC 5.3 – PAYMENT and GC 5.5 – FINAL PAYMENT.
2.2.5 The Consultant will not be responsible for and will not have control, charge or supervision of construction means, methods,
techniques, sequences, or procedures, or for safety precautions and programs required in connection with the Work in
accordance with the applicable construction safety legislation, other regulations or general construction practice. The
Consultant will not be responsible for the Contractor’s failure to perform the Work in accordance with the Contract Documents.
2.2.6 Except with respect to GC 5.1 – FINANCING INFORMATION REQUIRED OF THE OWNER, the Consultant will be, in the
first instance, the interpreter of the requirements of the Contract Documents.
2.2.7 Matters in question relating to the performance of the Work or the interpretation of the Contract Documents shall be initially
referred in writing to the Consultant by the party raising the question for interpretations and findings and copied to the other party.
2.2.8 Interpretations and findings of the Consultant shall be consistent with the intent of the Contract Documents. In making such
interpretations and findings the Consultant will not show partiality to either the Owner or the Contractor.
2.2.9 The Consultant’s interpretations and findings will be given in writing to the parties within a reasonable time.
2.2.10 With respect to claims for a change in Contract Price, the Consultant will make findings as set out in GC 6.6 – CLAIMS FOR A
CHANGE IN CONTRACT PRICE.
2.2.11 The Consultant will have authority to reject work which in the Consultant’s opinion does not conform to the requirements of
the Contract Documents. Whenever the Consultant considers it necessary or advisable, the Consultant will have authority to
require inspection or testing of work, whether or not such work is fabricated, installed or completed. However, neither the
authority of the Consultant to act nor any decision either to exercise or not to exercise such authority shall give rise to any duty
or responsibility of the Consultant to the Contractor, Subcontractors, Suppliers, or their agents, employees, or other persons
performing any of the Work.
2.2.12 During the progress of the Work the Consultant will furnish Supplemental Instructions to the Contractor with reasonable
promptness or in accordance with a schedule for such instructions agreed to by the Consultant and the Contractor.
2.2.13 The Consultant will review and take appropriate action upon Shop Drawings, samples and other submittals by the Contractor,
in accordance with the Contract Documents.

CCDC 2 – 2020 9
Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this
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
CCDC 2 – 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
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.

GC 2.3 REVIEW AND INSPECTION OF THE WORK


2.3.1 The Owner and the Consultant shall have access to the Work at all times. The Contractor shall provide sufficient, safe and
proper facilities at all times for the review of the Work by the Consultant and the inspection of the Work by authorized agencies.
If parts of the Work are in preparation at locations other than the Place of the Work, the Owner and the Consultant shall be
given access to such work whenever it is in progress.
2.3.2 If work is designated for tests, inspections or approvals in the Contract Documents, by the Consultant’s instructions, or by the
laws or ordinances of the Place of the Work, the Contractor shall give the Consultant reasonable notification of when the work
will be ready for review and inspection. The Contractor shall arrange for and shall give the Consultant reasonable notification
of the date and time of inspections by other authorities.
2.3.3 The Contractor shall furnish promptly to the Consultant two copies of certificates and inspection reports relating to the Work.
2.3.4 If the Contractor covers, or permits to be covered, work that has been designated for special tests, inspections or approvals
before such special tests, inspections or approvals are made, given or completed, the Contractor shall, if so directed, uncover
such work, have the inspections or tests satisfactorily completed, and make good covering work at the Contractor’s expense.
2.3.5 The Consultant may order any portion or portions of the Work to be examined to confirm that such work is in accordance with
the requirements of the Contract Documents. If the work is not in accordance with the requirements of the Contract Documents,
the Contractor shall correct the work and pay the cost of examination and correction. If the work is in accordance with the
requirements of the Contract Documents, the Owner shall pay the cost of examination and restoration.
2.3.6 The Contractor shall pay the cost of making any test or inspection, including the cost of samples required for such test or
inspection, if such test or inspection is designated in the Contract Documents to be performed by the Contractor or is required by
the laws or ordinances applicable to the Place of the Work.
2.3.7 The Contractor shall pay the cost of samples required for any test or inspection to be performed by others if such test or inspection
is designated in the Contract Documents.

GC 2.4 DEFECTIVE WORK


2.4.1 The Contractor shall promptly correct defective work that has been rejected by the Consultant as failing to conform to the
Contract Documents whether or not the defective work was incorporated in the Work or the defect is the result of poor
workmanship, use of defective products or damage through carelessness or other act or omission of the Contractor.
2.4.2 The Contractor shall make good promptly Other Contractors’ work destroyed or damaged by such corrections at the
Contractor’s expense.
2.4.3 If in the opinion of the Consultant it is not expedient to correct defective work or work not performed as provided in the
Contract Documents, the Owner may deduct from the amount otherwise due to the Contractor the difference in value between
the work as performed and that called for by the Contract Documents. If the Owner and the Contractor do not agree on the
difference in value, they shall refer the matter to the Consultant for a finding.

PART 3 EXECUTION OF THE WORK

GC 3.1 CONTROL OF THE WORK


3.1.1 The Contractor shall have total control of the Work and shall effectively direct and supervise the Work so as to ensure
conformity with the Contract Documents.

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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.

GC 3.2 CONSTRUCTION BY THE OWNER OR OTHER CONTRACTORS


3.2.1 The Owner reserves the right to award separate contracts in connection with other parts of the Project to Other Contractors and
to perform work with own forces.
3.2.2 When separate contracts are awarded for other parts of the Project, or when work is performed by the Owner’s own forces, the
Owner shall:
.1 provide for the co-ordination of the activities and work of Other Contractors and the Owner’s own forces with the Work
of the Contract;
.2 enter into separate contracts with Other Contractors under conditions of contract which are compatible with the conditions
of the Contract;
.3 ensure that insurance coverage is provided to the same requirements as are called for in GC 11.1 – INSURANCE and co-
ordinate such insurance with the insurance coverage of the Contractor as it affects the Work; and
.4 take all reasonable precautions to avoid labour disputes or other disputes on the Project arising from the work of Other
Contractors or the Owner’s own forces.
3.2.3 When separate contracts are awarded for other parts of the Project, or when work is performed by the Owner’s own forces, the
Contractor shall:
.1 afford the Owner and Other Contractors reasonable opportunity to store their products and execute their work;
.2 co-ordinate and schedule the Work with the work of Other Contractors or the Owner’s own forces that are identified in the
Contract Documents;
.3 participate with Other Contractors and the Owner in reviewing their construction schedules when directed to do so; and
.4 report promptly to the Consultant in writing any apparent deficiencies in the work of Other Contractors or of the Owner’s
own forces, where such work affects the proper execution of any portion of the Work, prior to proceeding with that portion
of the Work.
3.2.4 Where a change in the Work is required as a result of the co-ordination and integration of the work of Other Contractors or
Owner’s own forces with the Work, the changes shall be authorized and valued as provided in GC 6.1 – OWNER’S RIGHT
TO MAKE CHANGES, GC 6.2 – CHANGE ORDER and GC 6.3 – CHANGE DIRECTIVE.
3.2.5 Disputes and other matters in question between the Contractor and Other Contractors shall be dealt with as provided in Part 8
of the General Conditions – DISPUTE RESOLUTION provided the Other Contractors have reciprocal obligations. The
Contractor shall be deemed to have consented to arbitration of any dispute with any Other Contractor whose contract with the
Owner contains a similar agreement to arbitrate. In the absence of Other Contractors having reciprocal obligations, disputes
and other matters in question intiated by the Contractor against Other Contractors will be considered disputes and other matters
in question between the Contractor and the Owner.
3.2.6 Should the Owner, the Consultant, Other Contractors, or anyone employed by them directly or indirectly be responsible for ill-
timed work necessitating cutting or remedial work to be performed, the cost of such cutting or remedial work shall be valued
as provided in GC 6.1 – OWNER’S RIGHT TO MAKE CHANGES, GC 6.2 – CHANGE ORDER and GC 6.3 – CHANGE
DIRECTIVE.

GC 3.3 TEMPORARY WORK


3.3.1 The Contractor shall have the sole responsibility for the design, erection, operation, maintenance, and removal of Temporary
Work unless otherwise specified in the Contract Documents.
3.3.2 The Contractor shall engage and pay for registered professional engineering personnel skilled in the appropriate disciplines to
perform those functions referred to in paragraph 3.3.1 where required by law or by the Contract Documents and in all cases
where such Temporary Work is of such a nature that professional engineering skill is required to produce safe and satisfactory
results.
3.3.3 Notwithstanding the provisions of GC 3.1 – CONTROL OF THE WORK, paragraphs 3.3.1 and 3.3.2 or provisions to the
contrary elsewhere in the Contract Documents where such Contract Documents include designs for Temporary Work or specify
a method of construction in whole or in part, such designs or methods of construction shall be considered to be part of the
design of the Work and the Contractor shall not be held responsible for that part of the design or the specified method of
construction. The Contractor shall, however, be responsible for the execution of such design or specified method of
construction in the same manner as for the execution 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.
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.

GC 3.6 SUBCONTRACTORS AND SUPPLIERS


3.6.1 The Contractor shall preserve and protect the rights of the parties under the Contract with respect to work to be performed
under subcontract, and shall:
.1 enter into contracts or written agreements with Subcontractors and Suppliers to require them to perform their work as
provided in the Contract Documents;
.2 incorporate the applicable terms and conditions of the Contract Documents into all contracts or written agreements with
Subcontractors and Suppliers; and
.3 be as fully responsible to the Owner for acts and omissions of Subcontractors, Suppliers and any persons directly or
indirectly employed by them as for acts and omissions of persons directly employed by the Contractor.
3.6.2 The Contractor shall indicate in writing, if requested by the Owner, those Subcontractors or Suppliers whose bids have been
received by the Contractor which the Contractor would be prepared to accept for the performance of a portion of the Work.
Should the Owner not object before signing the Contract, the Contractor shall employ those Subcontractors or Suppliers so
identified by the Contractor in writing for the performance of that portion of the Work to which their bid applies.
3.6.3 The Owner may, for reasonable cause, at any time before the Owner has signed the Contract, object to the use of a proposed
Subcontractor or Supplier and require the Contractor to employ one of the other subcontract bidders.
3.6.4 If the Owner requires the Contractor to change a proposed Subcontractor or Supplier, the Contract Price and Contract Time
shall be adjusted by the difference occasioned by such required change.
3.6.5 The Contractor shall not be required to employ as a Subcontractor or Supplier, a person or firm to which the Contractor may
reasonably object.
3.6.6 The Owner, through the Consultant, may provide to a Subcontractor or Supplier information as to the percentage of the
Subcontractor’s or Supplier’s work which has been certified for payment.

GC 3.7 LABOUR AND PRODUCTS


3.7.1 The Contractor shall maintain good order and discipline among the Contractor’s employees engaged on the Work and employ
only workers that are skilled in the tasks assigned.
3.7.2 The Contractor shall provide and pay for labour, Products, tools, Construction Equipment, water, heat, light, power,
transportation, and other facilities and services necessary for the performance of the Work in accordance with the Contract.
3.7.3 Unless otherwise specified in the Contract Documents, Products provided shall be new. Products which are not specified shall
be of a quality consistent with those specified and their use acceptable to the Consultant.

GC 3.8 SHOP DRAWINGS


3.8.1 The Contractor shall provide Shop Drawings as required in the Contract Documents.
3.8.2 The Contractor shall provide Shop Drawings to the Consultant to review in accordance with an agreed schedule, or in the absence
of an agreed schedule, in orderly sequence and sufficiently in advance so as to cause no delay in the Work or in the work of Other
Contractors or the Owner’s own forces.
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CCDC 2 – 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
3.8.3 The Contractor shall review all Shop Drawings before providing them to the Consultant. The Contractor represents by this review
that:
.1 the Contractor has determined and verified all applicable field measurements, field construction conditions, Product
requirements, catalogue numbers and similar data, or will do so, and
.2 the Contractor has checked and co-ordinated each Shop Drawing with the requirements of the Work and of the Contract
Documents.
3.8.4 The Consultant’s review is for conformity to the design concept and for general arrangement only.
3.8.5 At the time of providing Shop Drawings, the Contractor shall expressly advise the Consultant in writing of any deviations in
a Shop Drawing from the requirements of the Contract Documents. The Consultant shall indicate the acceptance or rejection
of such deviation expressly in writing.
3.8.6 The Consultant’s review shall not relieve the Contractor of responsibility for errors or omissions in the Shop Drawings or for
meeting all requirements of the Contract Documents.
3.8.7 The Consultant will review and return Shop Drawings in accordance with the schedule agreed upon, or, in the absence of such
schedule, with reasonable promptness so as to cause no delay in the performance of the Work.

PART 4 ALLOWANCES

GC 4.1 CASH ALLOWANCES


4.1.1 The Contract Price includes the cash allowances, if any, stated in the Contract Documents. The scope of the Work or costs
included in such cash allowances shall be as described in the Contract Documents.
4.1.2 The Contract Price, and not the cash allowances, includes the Contractor’s overhead and profit in connection with such cash
allowances.
4.1.3 Expenditures under cash allowances shall be authorized by the Owner through the Consultant.

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.

GC 4.2 CONTINGENCY ALLOWANCE


4.2.1 The Contract Price includes the contingency allowance, if any, stated in the Contract Documents.
4.2.2 The contingency allowance includes the Contractor’s overhead and profit in connection with such contingency allowance.
4.2.3 Expenditures under the contingency allowance shall be authorized and valued as provided in GC 6.1 – OWNER’S RIGHT TO
MAKE CHANGES, GC 6.2 – CHANGE ORDER and GC 6.3 – CHANGE DIRECTIVE.
4.2.4 The Contract Price shall be adjusted by Change Order to provide for any difference between the expenditures authorized under
paragraph 4.2.3 and the contingency allowance.

PART 5 PAYMENT

GC 5.1 FINANCING INFORMATION REQUIRED OF THE OWNER


5.1.1 The Owner shall, at the request of the Contractor, before signing the Contract, and promptly from time to time thereafter,
furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner’s obligations
under the Contract.
5.1.2 The Owner shall give the Contractor Notice in Writing of any material change in the Owner’s financial arrangements to fulfil
the Owner’s obligations under the Contract during the performance of the Contract.
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CCDC 2 – 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
GC 5.2 APPLICATIONS FOR PAYMENT
5.2.1 Applications for payment on account as provided in Article A-5 of the Agreement – PAYMENT shall be submitted monthly
to the Owner and the Consultant simultaneously as the Work progresses.
5.2.2 Applications for payment shall be dated the last day of each payment period, which is the last day of the month or an alternative
day of the month agreed in writing by the parties.
5.2.3 The amount claimed shall be for the value, proportionate to the amount of the Contract, of Work performed and Products
delivered to the Place of the Work as of the last day of the payment period.
5.2.4 The Contractor shall submit to the Consultant, at least 15 calendar days before the first application for payment, a schedule of
values for the parts of the Work, aggregating the total amount of the Contract Price, so as to facilitate evaluation of applications
for payment.
5.2.5 The schedule of values shall be made out in such form as specified in the Contract and supported by such evidence as the
Consultant may reasonably require.
5.2.6 Applications for payment shall be based on the schedule of values accepted by the Consultant and shall comply with the
provisions of Payment Legislation.
5.2.7 Each application for payment shall include evidence of compliance with workers’ compensation legislation at the Place of the
Work and after the first payment, a declaration by the Contractor as to the distribution made of the amounts previously received
using document CCDC 9A ‘Statutory Declaration’.
5.2.8 Applications for payment for Products delivered to the Place of the Work but not yet incorporated into the Work shall be
supported by such evidence as the Consultant may reasonably require to establish the value and delivery of the Products.

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.

GC 5.4 SUBSTANTIAL PERFORMANCE OF THE WORK AND PAYMENT OF HOLDBACK


5.4.1 The Consultant will review the Work to certify or verify the validity of the application for Substantial Performance of the Work
and will promptly, and in any event, no later than 20 calendar days after receipt of the Contractors application:
.1 advise the Contractor in writing that the Work or the designated portion of the Work is not substantially performed and
give reasons why, or
.2 state the date of Substantial Performance of the Work or a designated portion of the Work in a certificate and issue a copy
of that certificate to each of the Owner and the Contractor.
5.4.2 Where the holdback amount required by the applicable lien legislation has not been placed in a separate lien holdback account,
the Owner shall, no later than 10 calendar days prior to the expiry of the holdback period stipulated in the lien legislation
applicable to the Place of the Work, place the holdback amount in a bank account in the joint names of the Owner and the
Contractor.
5.4.3 Subject to the requirements of any Payment Legislation, all holdback amount prescribed by the applicable lien legislation for
the Work shall become due and payable to the Contractor no later than 10 Working Days following the expiration of the
holdback period stipulated in the lien legislation applicable to the Place of the Work.
5.4.4 The Contractor shall submit an application for payment of the lien holdback amount in accordance with GC 5.3 – PAYMENT.
5.4.5 Where legislation permits progressive release of the holdback for a portion of the Work and the Consultant has certified or
verified that the part of the Work has been performed prior to Substantial Performance of the Work, the Owner hereby agrees
to release, and shall release, such portion to the Contractor in accordance with such legislation.

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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.

GC 5.5 FINAL PAYMENT


5.5.1 When the Contractor considers that the Work is completed, the Contractor shall submit an application for final payment.
5.5.2 The Consultant will, no later than 10 calendar days after the receipt of an application from the Contractor for final payment,
review the Work to verify the validity of the application and when the Consultant finds the Contractor’s application for final
payment valid, the Consultant will promptly issue a final certificate for payment to the Owner, with a copy to the Contractor.
5.5.3 If the Consultant rejects the application or part thereof, the Owner will 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.
5.5.4 Subject to the provision of paragraph 10.4.1 of GC 10.4 – WORKERS’ COMPENSATION, and any legislation applicable to
the Place of the Work, the Owner shall, no later than 5 calendar days after the issuance of a final certificate for payment, pay
the Contractor as provided in Article A-5 of the Agreement – PAYMENT and in any event, in compliance with Payment
Legislation.

GC 5.6 DEFERRED WORK


5.6.1 If because of climatic or other conditions reasonably beyond the control of the Contractor, or if the Owner and the Contractor
agree that, there are items of work that must be deferred, payment in full for that portion of the Work which has been performed
as certified by the Consultant shall not be withheld or delayed by the Owner on account thereof, but the Owner may withhold,
until the remaining portion of the Work is finished, only such an amount that the Consultant determines is sufficient and
reasonable to cover the cost of performing such deferred Work.

GC 5.7 NON-CONFORMING WORK


5.7.1 No payment by the Owner under the Contract nor partial or entire use or occupancy of the Work by the Owner shall constitute
an acceptance of any portion of the Work or Products which are not in accordance with the requirements of the Contract
Documents.

PART 6 CHANGES IN THE WORK

GC 6.1 OWNER’S RIGHT TO MAKE CHANGES


6.1.1 The Owner, through the Consultant, without invalidating the Contract, may make:
.1 changes in the Work consisting of additions, deletions or other revisions to the Work by Change Order or Change Directive,
and
.2 changes to the Contract Time for the Work, or any part thereof, by Change Order.
6.1.2 The Contractor shall not perform a change in the Work without a Change Order or a Change Directive.

GC 6.2 CHANGE ORDER


6.2.1 When a change in the Work is proposed or required, the Consultant will provide the Contractor with a written description of
the proposed change in the Work. The Contractor shall promptly present to the Consultant, in a form that can be reasonably
evaluated, a method of adjustment or an amount of adjustment for the Contract Price, if any, and the adjustment in the Contract
Time, if any, for the proposed change in the Work.
6.2.2 When the Owner and the Contractor agree to the adjustments in the Contract Price and Contract Time or to the method to be
used to determine the adjustments, such agreement shall be effective immediately and shall be recorded in a Change Order.
The value of the work performed as the result of a Change Order shall be included in the applications for progress payment.

GC 6.3 CHANGE DIRECTIVE


6.3.1 If the Owner requires the Contractor to proceed with a change in the Work prior to the Owner and the Contractor agreeing
upon the corresponding adjustment in Contract Price and Contract Time, the Owner, through the Consultant, shall issue a
Change Directive.
6.3.2 A Change Directive shall only be used to direct a change in the Work which is within the general scope of the Contract
Documents.
6.3.3 A Change Directive shall not be used to direct a change in the Contract Time only.

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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 6.4 CONCEALED OR UNKNOWN CONDITIONS


6.4.1 If the Owner or the Contractor discover conditions at the Place of the Work which are:
.1 subsurface or otherwise concealed physical conditions which existed before the commencement of the Work and differ
materially from those indicated in the Contract Documents; or
.2 physical conditions, other than conditions due to weather, that are of a nature which differ materially from those ordinarily
found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract
Documents,
then the observing party shall give Notice in Writing to the other party of such conditions before they are disturbed and in no
event later than 5 Working Days after first observance of the conditions.
6.4.2 The Consultant will promptly investigate such conditions and make a finding. If the finding is that the conditions differ
materially and this would cause an increase or decrease in the Contractor’s cost or time to perform the Work, the Owner,
through the Consultant, shall issue appropriate instructions for a change in the Work as provided in GC 6.2 – CHANGE ORDER
or GC 6.3 – CHANGE DIRECTIVE.
6.4.3 If the Consultant finds that the conditions at the Place of the Work are not materially different or that no change in the Contract
Price or the Contract Time is justified, the Consultant will promptly inform the Owner and the Contractor in writing.
6.4.4 If such concealed or unknown conditions relate to toxic and hazardous substances and materials, artifacts and fossils, or mould,
the parties will be governed by the provisions of GC 9.2 – TOXIC AND HAZARDOUS SUBSTANCES, GC 9.3 – ARTIFACTS
AND FOSSILS and GC 9.5 – MOULD.

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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CCDC 2 – 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
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 6.6 CLAIMS FOR A CHANGE IN CONTRACT PRICE


6.6.1 If the Contractor intends to make a claim for an increase to the Contract Price, or if the Owner intends to make a claim against
the Contractor for a credit to the Contract Price, the party that intends to make the claim shall give timely Notice in Writing of
intent to claim to the other party and to the Consultant.
6.6.2 Upon commencement of the event or series of events giving rise to a claim, the party intending to make the claim shall:
.1 take all reasonable measures to mitigate any loss or expense which may be incurred as a result of such event or series of
events, and
.2 keep such records as may be necessary to support the claim.
6.6.3 The party making the claim shall submit within a reasonable time to the Consultant a detailed account of the amount claimed
and the grounds upon which the claim is based and the Consultant will make a finding upon such claim.
6.6.4 Where the event or series of events giving rise to the claim has a continuing effect, the detailed account submitted under
paragraph 6.6.3 shall be considered to be an interim account and the party making the claim shall, at such intervals as the
Consultant may reasonably require, submit further interim accounts giving the accumulated amount of the claim and any further
grounds upon which it 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.
6.6.5 The Consultant’s findings, with respect to a claim made by either party, will be given by Notice in Writing to both parties
within 30 Working Days after receipt of the claim by the Consultant, or within such other time period as may be agreed by the
parties.
6.6.6 If such finding is not acceptable to either party, the claim shall be settled in accordance with Part 8 of the General Conditions
– DISPUTE RESOLUTION.

PART 7 DEFAULT NOTICE

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.

GC 7.2 CONTRACTOR’S RIGHT TO SUSPEND THE WORK OR TERMINATE THE CONTRACT


7.2.1 If the Owner is adjudged bankrupt, or makes a general assignment for the benefit of creditors because of the Owner’s
insolvency, or if a receiver is appointed because of the Owner’s insolvency, the Contractor may, without prejudice to any other
right or remedy the Contractor may have, terminate the Contract by giving the Owner or receiver or trustee in bankruptcy
Notice in Writing to that effect.
7.2.2 If the Work is suspended or otherwise delayed for a period of 20 Working Days or more under an order of 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 of anyone
directly or indirectly employed or engaged by the Contractor, the Contractor may, without prejudice to any other right or
remedy the Contractor may have, terminate the Contract by giving the Owner Notice in Writing to that effect.
7.2.3 The Contractor may give Notice in Writing to the Owner, with a copy to the Consultant, that the Owner is in default of the
Owner’s contractual obligations if:
.1 the Owner fails to furnish, when so requested by the Contractor, reasonable evidence that financial arrangements have
been made to fulfill the Owner’s obligations under the Contract,
.2 the Consultant fails to issue a certificate as provided in Part 5 of the General Conditions – PAYMENT,
.3 the Owner fails to pay the Contractor when due the amounts certified by the Consultant or awarded by adjudication,
arbitration or court, or
.4 the Owner fails to comply with the requirements of the Contract to a substantial degree and the Consultant, except for
GC 5.1 – FINANCING INFORMATION REQUIRED OF THE OWNER, gives a written statement to the Owner and
the Contractor that provides detail of such failure to comply with the requirements of the Contract to a substantial degree.
7.2.4 The Contractor’s Notice in Writing to the Owner provided under paragraph 7.2.3 shall advise that if the default is not corrected
within 5 Working Days following the receipt of the Notice in Writing, the Contractor may, without prejudice to any other right
or remedy the Contractor may have, suspend the Work or terminate the Contract.
7.2.5 If the Contractor terminates the Contract by giving a Notice in Writing to the Owner under the conditions set out above, the
Contractor shall be entitled to be paid for all work performed including reasonable profit, for loss sustained upon Products and
Construction Equipment, and such other damages as the Contractor may have sustained as a result of the termination of the
Contract.

PART 8 DISPUTE RESOLUTION

GC 8.1 AUTHORITY OF THE CONSULTANT


8.1.1 Differences between the parties to the Contract as to the interpretation, application or administration of the Contract or any
failure to agree where agreement between the parties is called for, herein collectively called disputes, which are not resolved

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CCDC 2 – 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
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.

GC 8.3 NEGOTIATION, MEDIATION AND ARBITRATION


8.3.1 In accordance with the rules for mediation as provided in CCDC 40 ‘Rules for Mediation and Arbitration of Construction
Industry Disputes’ in effect at the time of bid closing, the parties shall appoint a Project Mediator
.1 within 20 Working Days after the Contract was awarded, or
.2 if the parties neglected to make an appointment within the 20 Working Days, within 10 Working Days after either party by
Notice in Writing requests that the Project Mediator be appointed.
8.3.2 A party shall be conclusively deemed to have accepted a finding of the Consultant under GC 2.2 – ROLE OF THE
CONSULTANT and to have expressly waived and released the other party from any claims in respect of the particular matter
dealt with in that finding unless, within 15 Working Days after receipt of that finding, the party sends a Notice in Writing of
dispute to the other party and to the Consultant, which contains the particulars of the matter in dispute and the relevant
provisions of the Contract Documents. The responding party shall send a Notice in Writing of reply to the dispute within 10
Working Days after receipt of such Notice in Writing setting out particulars of this response and any relevant provisions of the
Contract Documents.
8.3.3 The parties shall make all reasonable efforts to resolve their dispute by amicable negotiations and agree to provide, without
prejudice, frank, candid, and timely disclosure of relevant facts, information and documents to facilitate these negotiations.
8.3.4 After a period of 10 Working Days following receipt of a responding party’s Notice in Writing of reply under paragraph 8.3.2,
the parties shall request the Project Mediator to assist the parties to reach agreement on any unresolved dispute. The mediated
negotiations shall be conducted in accordance with the rules for mediation as provided in CCDC 40 in effect at the time of bid
closing.
8.3.5 If the dispute has not been resolved at the mediation or within such further period as is agreed by the parties, the Project
Mediator will terminate the mediated negotiations by giving Notice in Writing to the Owner, the Contractor and the Consultant.
8.3.6 By giving a Notice in Writing to the other party and the Consultant, not later than 10 Working Days after the date of termination
of the mediated negotiations under paragraph 8.3.5, either party may refer the dispute to be finally resolved by arbitration under
the rules of arbitration as provided in CCDC 40 in effect at the time of bid closing. The arbitration shall be conducted in the
jurisdiction of the Place of the Work.
8.3.7 On expiration of the 10 Working Days, the arbitration agreement under paragraph 8.3.6 is not binding on the parties and, if a
Notice in Writing is not given under paragraph 8.3.6 within the required time, the parties may refer the unresolved dispute to
the courts or to any other form of dispute resolution, including arbitration, which they have agreed to use.
8.3.8 If neither party, by Notice in Writing, given within 10 Working Days of the date of Notice in Writing requesting arbitration in
paragraph 8.3.6, requires that a dispute be arbitrated immediately, all disputes referred to arbitration as provided in
paragraph 8.3.6 shall be:
.1 held in abeyance until:
(1) Ready-for-Takeover,
(2) the Contract has been terminated, or
(3) the Contractor has abandoned the Work,
whichever is earlier; and

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.2 consolidated into a single arbitration under the rules governing the arbitration under paragraph 8.3.6.

GC 8.4 RETENTION OF RIGHTS


8.4.1 It is agreed that no act by either party shall be construed as a renunciation or waiver of any rights or recourses, provided the
party has given the Notice in Writing required under Part 8 of the General Conditions – DISPUTE RESOLUTION and has
carried out the instructions as provided in paragraph 8.1.3 of GC 8.1 – AUTHORITY OF THE CONSULTANT.
8.4.2 Nothing in Part 8 of the General Conditions – DISPUTE RESOLUTION shall be construed in any way to limit a party from
asserting any statutory right to a lien under applicable lien legislation of the jurisdiction of the Place of the Work and the
assertion of such right by initiating judicial proceedings is not to be construed as a waiver of any right that party may have
under paragraph 8.3.6 of GC 8.3 – NEGOTIATION, MEDIATION AND ARBITRATION to proceed by way of arbitration to
adjudicate the merits of the claim upon which such a lien is based.

PART 9 PROTECTION OF PERSONS AND PROPERTY

GC 9.1 PROTECTION OF WORK AND PROPERTY


9.1.1 The Contractor shall protect the Work, the Owner’s property and property adjacent to the Place of the Work from damage
which may arise as the result of the Contractor’s operations under the Contract, and shall be responsible for such damage,
except damage which occurs as the result of:
.1 errors or omissions in the Contract Documents; or
.2 acts or omissions by the Owner, the Consultant, Other Contractors, or their agents and employees.
9.1.2 Before commencing any work, the Contractor shall determine the location of all underground utilities and structures indicated
in the Contract Documents or that are reasonably apparent in an inspection of the Place of the Work.
9.1.3 Should the Contractor in the performance of the Contract damage the Work, the Owner’s property or property adjacent to the
Place of the Work, the Contractor shall be responsible for making good such damage at the Contractor’s expense.
9.1.4 Should damage occur to the Work or the Owner’s property for which the Contractor is not responsible, as provided in paragraph
9.1.1, the Contractor shall make good such damage to the Work and, if the Owner so directs, to the Owner’s property. The
Contract Price and Contract Time shall be adjusted as provided in GC 6.1 – OWNER’S RIGHT TO MAKE CHANGES, GC
6.2 – CHANGE ORDER and GC 6.3 – CHANGE DIRECTIVE.

GC 9.2 TOXIC AND HAZARDOUS SUBSTANCES


9.2.1 For the purposes of applicable legislation related to toxic and hazardous substances, the Owner shall be deemed to have control
and management of the Place of the Work with respect to existing conditions.
9.2.2 Prior to the Contractor commencing the Work, the Owner shall,
.1 take all reasonable steps to determine whether any toxic or hazardous substances are present at the Place of the Work, and
.2 provide the Consultant and the Contractor with a written list of any such substances that are known to exist and their
locations.
9.2.3 The Owner shall take all reasonable steps to ensure that no person’s exposure to any toxic or hazardous substance exceeds the
time weighted levels prescribed by applicable legislation at the Place of the Work and that no property is damaged or destroyed
as a result of exposure to, or the presence of, toxic or hazardous substances which were at the Place of the Work prior to the
Contractor commencing the Work.
9.2.4 Unless the Contract expressly provides otherwise, the Owner shall be responsible for taking all necessary steps, in accordance
with applicable legislation in force at the Place of the Work, to dispose of, store or otherwise render harmless any toxic or
hazardous substance which was present at the Place of the Work prior to the Contractor commencing the Work.
9.2.5 If the Contractor
.1 encounters toxic or hazardous substances at the Place of the Work, or
.2 has reasonable grounds to believe that toxic or hazardous substances are present at the Place of the Work,
which were not brought to the Place of the Work by the Contractor or anyone for whom the Contractor is responsible and
which were not disclosed by the Owner or which were disclosed but have not been dealt with as required under paragraph
9.2.4, the Contractor shall
.3 take all reasonable steps, including stopping the Work, to ensure that no person’s exposure to any toxic or hazardous
substance exceeds any applicable time weighted levels prescribed by applicable legislation at the Place of the Work, and
.4 immediately report the circumstances to the Consultant and the Owner in writing.
9.2.6 If the Owner and the Contractor do not agree on the existence, significance of, or whether the toxic or hazardous substances were
brought onto the Place of the Work by the Contractor or anyone for whom the Contractor is responsible, the Owner shall retain
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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.
9.2.7 If the Owner and the Contractor agree or if the expert referred to in paragraph 9.2.6 determines that the toxic or hazardous
substances were not brought onto the place of the Work by the Contractor or anyone for whom the Contractor is responsible, the
Owner shall promptly at the Owner’s own expense:
.1 take all steps as required under paragraph 9.2.4;
.2 reimburse the Contractor for the costs of all steps taken pursuant to paragraph 9.2.5;
.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 9.2.6 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.
9.2.8 If the Owner and the Contractor agree or if the expert referred to in paragraph 9.2.6 determines that the toxic or hazardous
substances were brought onto the place of the Work by the Contractor or anyone for whom the Contractor is responsible, the
Contractor shall promptly at the Contractor’s own expense:
.1 take all necessary steps, in accordance with applicable legislation in force at the Place of the Work, to safely remove and
dispose the toxic or hazardous substances;
.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 9.2.6; and
.4 indemnify the Owner as required by GC 13.1 – INDEMNIFICATION.
9.2.9 If either party does not accept the expert’s findings under paragraph 9.2.6, 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 paragraph 9.2.7 or 9.2.8 it being
understood that by so doing, neither party will jeopardize any claim that party may have to be reimbursed as provided by GC 9.2
– TOXIC AND HAZARDOUS SUBSTANCES.

GC 9.3 ARTIFACTS AND FOSSILS


9.3.1 Fossils, coins, articles of value or antiquity, structures and other remains or things of scientific or historic interest discovered
at the Place or Work shall, as between the Owner and the Contractor, be deemed to be the absolute property of the Owner.
9.3.2 The Contractor shall take all reasonable precautions to prevent removal or damage to discoveries as identified in paragraph
9.3.1, and shall advise the Consultant upon discovery of such items.
9.3.3 The Consultant will investigate the impact on the Work of the discoveries identified in paragraph 9.3.1. If conditions are found
that would cause an increase or decrease in the Contractor’s cost or time to perform the Work, the Owner, through the
Consultant, shall issue appropriate instructions for a change in the Work as provided in GC 6.2 – CHANGE ORDER or GC
6.3 – CHANGE DIRECTIVE.

GC 9.4 CONSTRUCTION SAFETY


9.4.1 The Contractor shall be responsible for establishing, initiating, maintaining, and supervising all health and safety precautions
and programs in connection with the performance of the Work in accordance with the applicable health and safety legislation.
9.4.2 The Owner and the Contractor shall comply with all health and safety precautions and programs established at the Place of the
Work.
9.4.3 The Owner and the Contractor shall comply with the rules, regulations and practices required by the applicable health and
safety legislation.
9.4.4 The Owner shall cause the Consultant, Other Contractors and the Owner’s own forces to comply with all health and safety
precautions and programs established by the Contractor at the Place of the Work.
9.4.5 Nothing in this Contract shall affect the determination of liability under the applicable health and safety legislation.

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

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CCDC 2 – 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
.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.

PART 10 GOVERNING REGULATIONS

GC 10.1 TAXES AND DUTIES


10.1.1 The Contract Price shall include all taxes and customs duties in effect at the time of the bid closing except for Value Added
Taxes payable by the Owner to the Contractor as stipulated in Article A-4 of the Agreement – CONTRACT PRICE.
10.1.2 Any increase or decrease in costs to the Contractor due to changes in taxes and duties after the time of the bid closing shall
increase or decrease the Contract Price accordingly.

GC 10.2 LAWS, NOTICES, PERMITS, AND FEES


10.2.1 The laws of the Place of the Work shall govern the Work.
10.2.2 The Owner shall obtain and pay for development approvals, building permit, permanent easements, rights of servitude, and all
other necessary approvals and permits, except for the permits and fees referred to in paragraph 10.2.3 or for which the Contract
Documents specify as the responsibility of the Contractor.
10.2.3 The Contractor shall be responsible for the procurement of permits, licences, inspections, and certificates, which are necessary for
the performance of the Work and customarily obtained by contractors in the jurisdiction of the Place of the Work after the issuance
of the building permit. The Contract Price includes the cost of these permits, licences, inspections, and certificates, and their
procurement.
10.2.4 The Contractor shall give the required notices and comply with the laws, ordinances, rules, regulations, or codes which are or
become in force during the performance of the Work and which relate to the Work, to the preservation of the public health, and to
construction safety.
10.2.5 The Contractor shall not be responsible for verifying that the Contract Documents are in compliance with the applicable laws,
ordinances, rules, regulations, or codes relating to the Work. If the Contract Documents are at variance therewith, or if, subsequent
to the time of bid closing, changes are made to the applicable laws, ordinances, rules, regulations, or codes which require
modification to the Contract Documents, the Contractor shall advise the Consultant in writing requesting direction immediately
upon such variance or change becoming known. The Consultant will issue the changes required to the Contract Documents as
provided in GC 6.1 – OWNER’S RIGHT TO MAKE CHANGES, GC 6.2 – CHANGE ORDER and GC 6.3 – CHANGE
DIRECTIVE.
10.2.6 If the Contractor fails to advise the Consultant in writing; fails to obtain direction as required in paragraph 10.2.5; and performs
work knowing it to be contrary to any laws, ordinances, rules, regulations, or codes; the Contractor shall be responsible for

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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.

GC 10.3 PATENT FEES


10.3.1 The Contractor shall pay the royalties and patent licence fees required for the performance of the Contract. The Contractor
shall hold the Owner harmless from and against claims, demands, losses, costs, damages, actions, suits, or proceedings arising
out of the Contractor’s performance of the Contract which are attributable to an infringement or an alleged infringement of a
patent of invention by the Contractor or anyone for whose acts the Contractor may be liable.
10.3.2 The Owner shall hold the Contractor harmless against claims, demands, losses, costs, damages, actions, suits, or proceedings
arising out of the Contractor’s performance of the Contract which are attributable to an infringement or an alleged infringement
of a patent of invention in executing anything for the purpose of the Contract, the physical model, plan or design of which was
supplied to the Contractor as part of the Contract.

GC 10.4 WORKERS’ COMPENSATION


10.4.1 Prior to commencing the Work, and again with the Contractor’s applications for payment, the Contractor shall provide evidence
of compliance with workers’ compensation legislation at the Place of the Work.

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;

CCDC 2 – 2020 24
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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
CCDC 2 – 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
(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.

PART 12 OWNER TAKEOVER

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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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
CCDC 2 – 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
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 12.2 EARLY OCCUPANCY BY THE OWNER


12.2.1 The Owner may take occupancy of a part or the entirety of the Work before Ready-for-Takeover has been attained only as
agreed by the Contractor which agreement shall not be unreasonably withheld.
12.2.2 The Owner shall not occupy a part or the entirety of the Work without prior approval by authorities having jurisdiction.
12.2.3 If the Owner takes occupancy of a part of the Work before Ready-for-Takeover has been attained:
.1 The part of the Work which is occupied shall be deemed to have been taken over by the Owner as from the date on which
it is occupied.
.2 The Contractor shall cease to be liable for the care of such part as from this date, when responsibility shall pass to the
Owner.
.3 The warranty period specified in paragraph 12.3.1 of GC 12.3 – WARRANTY for that part of the Work shall start from the
date on which it is occupied.
12.2.4 If the Owner takes occupancy of the entirety of the Work before all the prerequisites are met as described in paragraph 12.1.1
of GC 12.1 – READY-FOR-TAKEOVER, the Work shall, subject to the requirements of the applicable lien legislation, be
deemed to achieve Ready-for-Takeover. This shall not relieve the Contractor’s responsibility to complete the Work in a timely
manner.

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.

PART 13 INDEMNIFICATION AND WAIVER

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.

CCDC 2 – 2020 26
Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this
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
CCDC 2 – 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
.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.

GC 13.2 WAIVER OF CLAIMS


13.2.1 Subject to any lien legislation applicable to the Place of the Work, the Contractor waives and releases the Owner from all claims
which the Contractor has or reasonably ought to have knowledge of that could be advanced by the Contractor against the Owner
under the Contract, including, without limitation, those arising from negligence or breach of contract in respect to which the cause
of action is based upon acts or omissions which occurred prior to or on the Ready-for-Takeover date, except as follows:
.1 claims arising prior to or on the Ready-for-Takeover date for which Notice in Writing of claim has been received by the Owner
from the Contractor no later than 5 calendar days before the expiry of the lien period provided by the lien legislation applicable
at the Place of the Work or 20 calendar days following the Ready-for-Takeover date, whichever is later;
.2 indemnification for claims advanced against the Contractor by third parties for which a right of indemnification may be
asserted by the Contractor against the Owner pursuant to the provisions of this Contract;
.3 claims respecting toxic and hazardous substances, patent fees and defect in title matters for which a right of indemnity could
be asserted by the Contractor pursuant to the provisions of paragraphs 13.1.4 or 13.1.5 of GC 13.1 – INDEMNIFICATION;
and
.4 claims resulting from acts or omissions which occur after the Ready-for-Takeover date.
13.2.2 The Contractor waives and releases the Owner from all claims resulting from acts or omissions which occurred after the Ready-
for-Takeover date except for:
.1 indemnification respecting third party claims, and claims respecting toxic and hazardous substances, patent fees and defect in
title matters, all as referred in paragraphs 13.2.1.2 and 13.2.1.3; and
.2 claims for which Notice in Writing of claim has been received by the Owner from the Contractor within 395 calendar days
following the Ready-for-Takeover date.
13.2.3 Subject to any lien legislation applicable to the Place of the Work, the Owner waives and releases the Contractor from all claims
which the Owner has or reasonably ought to have knowledge of that could be advanced by the Owner against the Contractor under
the Contract, including, without limitation, those arising from negligence or breach of contract in respect to which the cause of
action is based upon acts or omissions which occurred prior to or on the Ready-for-Takeover date, except as follows:
.1 claims arising prior to or on the Ready-for-Takeover date for which Notice in Writing of claim has been received by the
Contractor from the Owner no later than 20 calendar days following the Ready-for-Takeover date;
.2 indemnification for claims advanced against the Owner by third parties for which a right of indemnification may be asserted
by the Owner against the Contractor pursuant to the provisions of this Contract;
.3 claims respecting toxic and hazardous substances for which a right of indemnity could be asserted by the Owner against the
Contractor pursuant to the provisions of paragraph 13.1.4 of GC 13.1 – INDEMNIFICATION;

CCDC 2 – 2020 27
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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
CCDC 2 – 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
.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.

CCDC 2 – 2020 28
Note: This contract is protected by copyright. Use of a CCDC 2 document not containing a CCDC 2 copyright seal constitutes an infringement of copyright. Only sign this
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
CCDC 2 – 2020 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.

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