ARTICLE A-1 FEES
1.1 We make every effort to schedule appropriate time windows for each of our Clients with this in mind:
(1) We require a minimum of 48 hours notice to cancel an appointment. If you cancel within 48 hours without sufficient cause, we reserve the right to charge our minimum callout fee ($280+GST)
(2) If VCP arrives within our scheduled window and are not permitted entry to the property for any reason, VCP will begin charging our hourly rate upon arrival. VCP will not be responsible for absorbing the cost of waiting for the arranged access.
(3) If the Client has any additional Work not previously discussed at the time of booking, VCP reserves the right to charge a premium rate to accommodate or to require the Client to book a follow-up appointment to complete the additional Work.
The following definitions shall apply to all Contract Documents.
Change Directive
Written instruction directing VCP to proceed with a change in the Work within the general scope of the Contract Documents before the Client and VCP agree on the adjustment to the Contract Price and Contract Time.
Change Order
A written amendment to the Contract signed by the Client and VCP stating their agreement upon a change in the Work, including the method of adjustment or the amount of the adjustment in the Contract Price and the adjustment in the Contract Time, if any.
Client
The person or entity identified as such in the Agreement.
Contract Documents
The documents signed by both parties describing their respective duties, responsibilities and obligations.
Drawings
Show the Works design, location and dimensions, generally including plans, elevations, sections, details, and diagrams.
Other Contractor
A contractor other than VCP hired by the Client for the Project.
Place of the Work
The designated site or location of the Work identified in the Contract Documents.
Product
All material, machinery, equipment, and fixtures forming part of the Work.
Project
The total construction contemplated of which the Work may be the whole or a part.
Shop Drawings
Drawings, diagrams, illustrations, schedules, brochures and Product data, which VCP provides to illustrate details of portions of the Work.
Specifications
The written requirements and standards for Products, systems, quality, and services necessary for the performance of the Work
Subcontractor
An entity having a direct contract with VCP to perform a part or parts of the Work at the Place of the Work.
Supplemental Instruction
An instruction not involving adjustment in the Contract Price or Contract Time in the form of Specifications, Drawings, schedules, samples, or written instructions.
Supplier
A person or entity having a direct contract with VCP to supply Products.
Temporary Work
Temporary supports, structures, services, and other temporary items required for the execution of the Work.
VCP
Identifying Van Custom Plumbing Ltd. in the Agreement.
Work
The total construction and related services required by the Contract Documents.
Working Day
A day other than a Saturday, Sunday, or statutory holiday.
GENERAL CONDITIONS
PART 1 GENERAL PROVISIONS
GC 1.1 CONTRACT DOCUMENTS
1.1 VCP is not responsible for errors, omissions or inconsistencies in the Contract Documents. If perceived errors, omissions or inconsistencies are discovered by or made known to VCP, we will only proceed with the Work affected once VCP receives corrected or additional information.
PART 2 EXECUTION OF THE WORK
GC 2.1 CONSTRUCTION BY THE CLIENT OR OTHER CONTRACTORS
2.1.1 When separate contracts are issued for other parts of the Project or when Work is performed by the Clients own forces:
(1) the Client shall provide for the coordination of Work of Other Contractors and the Client’s own forces with the Work of the Contract
(2) VCP shall afford the Client and Other Contractors reasonable opportunity to store their Products and execute their Work
2.1.2 Where a change in the Work is required as a result of Other Contractors or Clients’ own forces the changes shall be authorized and valued as provided in PART 4
GC 2.2 LABOUR AND PRODUCTS
2.2.1 VCP will maintain good order and discipline among our employees engaged in the Work and employ only workers that are skilled in the tasks assigned.
2.2.2 Unless otherwise specified in the Contract Documents, the Products provided shall be new. Products which are not identified shall be of a quality consistent with those specified
PART 3 PAYMENT
GC 3.1 PAYMENT
3.1.1 All Projects will require a deposit from the Client before VCP proceeds with scheduling or acquiring material.
3.1.2 Invoices will be proportionate to the amount of Work performed and Products purchased to date
3.1.3 The Client must make payment to VCP on or before the contract terms’ due date by the following means:
(1) Cash
(2) E-transfers (made payable to [email protected])
(3) Cheques (All Cheques returned as NSF will be charged a $50+GST fee)
(4) Credit Card (the Client will be responsible for all merchant fees)
3.1.4 Should the Client fail to make payments as they come due under the contract terms, a $50+GST filing fee and 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 monthly. The prime rate shall be the interest rate quoted by the Bank of Canada.
3.1.5 If because of conditions reasonably beyond the control of VCP, or if the Client and VCP agree that there are items of Work that must be deferred, payment in full for the portion of Work which has been performed shall not be withheld or delayed
PART 4 CHANGES IN THE WORK
GC 4.1 CLIENT’S RIGHT TO MAKE CHANGES
4.1.1 The Client, without invalidating the Contract, may make changes in the Work consisting of additions, deletions or other revisions by Change Order or Change Directive,
GC 4.2 CHANGE ORDER
4.2.1 When a change in the Work is proposed or required, VCP will present a method of adjustment or an adjustment amount for the Contract Price for the proposed change.
4.2.2 When the Client and VCP agree to the adjustments in the Contract Price and Contract Time or to the method used to determine the adjustments, such agreement shall be effective immediately and recorded in a Change Order. The value of the work performed as the result of a Change Order shall be included in the invoices for progress payment.
GC4.3 CHANGE DIRECTIVE
4.3.1 If the Client requires VCP to proceed with a change in the Work before agreeing on the corresponding adjustment in Contract Price and Contract Time, it will be considered a Change Directive.
4.3.2 After receiving a Change Directive, VCP shall proceed promptly with the change in Work
4.3.3 The adjustment in the Contract Price for a change carried out by way of a Change Directive shall be determined by the following:
Labour:
VCPs predetermined rates that include wages, benefits, compensation and taxes incurred for such items as employment insurance, health insurance, workers’ compensation, and Canadian Pension Plan for:
trade labour in the direct employ of VCP
personnel when stationed at the field office;
personnel engaged at shops or on the road in expediting the production or transportation of materials
office personnel engaged in a technical capacity for the time spent in the performance of the Work;
Products, Construction Equipment and Temporary Work:
cost of all Products, including the cost of transportation
rental cost of construction equipment
cost of all services required
Other:
deposits lost provided that they are not caused by negligent acts or omissions by VCP
cost of quality assurance such as independent inspection and testing services;
charges levied by authorities having jurisdiction at the Place of the Work;
premium for all contract securities and insurance for which the Contractor is required to provide, maintain and pay in relation to the performance of the Work;
losses and expenses sustained by VCP when such losses and fees are not recoverable
taxes and duties, other than income relating to the Work for which VCP is liable;
cost for removal and disposal of waste products and debris;
legal costs incurred by VCP, provided that they are not related to a dispute between the Client and VCP, unless such costs are part of a settlement or awarded by arbitration or court.
cost of auditing when requested by the Client
4.3.4 Pending determination of the final amount of a Change Directive, the value of the Work performed is eligible to be included in progress payments.
GC 4.4 CONCEALED OR UNKNOWN CONDITIONS
4.4.1 If the Client or VCP discovers conditions which differ materially from those indicated in the Contract Documents
then the observing party shall give Notice in Writing of such conditions
4.4.4 If such concealed or unknown conditions relate to toxic and hazardous substances and materials, or mould, the parties will be governed by the provisions of GC 5.2 – TOXIC AND HAZARDOUS SUBSTANCES and GC 5.4 – MOULD
GC 4.5 DELAYS
4.5.1 If VCP is delayed in the performance of Work by the Client or anyone employed or engaged by them, then VCP shall be reimbursed by the Client for reasonable costs incurred due to such delay.
4.5.2 If VCP is delayed in the performance of Work by a stop work order issued by a court or other public authority, then VCP shall be reimbursed by the Client for reasonable costs incurred as the result of such delay
4.5.3 If VCP is delayed in the performance of the Work by any cause beyond VCPs control, then the Contract Time shall be extended not less than the time lost as the result of the event causing the delay. VCP shall not be entitled to payment for costs incurred by such delays unless such delays result from actions by the Client, or anyone employed or engaged by them
PART 5 PROTECTION OF PERSONS AND PROPERTY
GC 5.1 PROTECTION OF WORK AND PROPERTY
5.1.1 Should damage occur to the Work for which VCP is not responsible, VCP shall make good such damage to the Work and the Contract Price and Contract Time will be adjusted as provided in PART 4
GC 5.2 TOXIC AND HAZARDOUS SUBSTANCES
5.2.1 Before VCP commences the Work, the Client shall take all reasonable steps to determine whether any toxic or hazardous substances are present at the Place of the Work and provide VCP with a written list of any such substances known to exist and their locations.
5.2.2 Unless the Contract expressly states otherwise, the Client shall be responsible for taking all necessary steps to dispose of, store or otherwise render harmless any toxic or hazardous substance present at the Place of the Work before VCP commences the Work.
5.2.3 If VCP encounters toxic or hazardous substances at the Place of the Work or has reasonable grounds to believe that toxic or hazardous substances are present and were not disclosed or which were disclosed but have not been dealt with as required under paragraph 5.2.2, VCP shall take all reasonable steps, including stopping the Work
5.2.4 If the Client and VCP do not agree on the existence, or significance of the toxic or hazardous substances, the Client shall retain and pay for a qualified independent expert to investigate and determine such matters. The expert’s report shall be delivered to the Client and VCP.
GC 5.3 CONSTRUCTION SAFETY
5.3.1 The Client and VCP shall comply with all health and safety precautions and programs established at the Place of Work.
GC 5.4 MOULD
5.4.1 If VCP or the Client 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, the observing party shall promptly report the circumstances to the other party in writing, VCP 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
5.4.2 If the Client and VCP do not agree on the mould’s existence, significance or cause or what steps need to be taken to deal with it, the Client shall retain and pay for a qualified independent to investigate and determine such matters. The expert’s report shall be delivered to the Client and VCP.
5.4.3 If the expert referred to in paragraph 5.4.2 determines the presence of mould, the Client shall promptly, at the Client’s own expense:
(1) take all reasonable and necessary steps to remediate or dispose of the mould safely,
(2) reimburse the Contractor for the cost of taking the steps under paragraph 5.4.1
(3) reimburse VCP for any reasonable costs incurred as a result of the delay
PART 6 GOVERNING REGULATIONS
GC 6.1 TAXES AND DUTIES
6.1.1 The Contract Price shall include all taxes and customs duties in effect at the time of the bid closing
6.1.2 Any increase or decrease in costs to VCP due to changes in taxes and duties after the bid closing shall increase or decrease the Contract Price accordingly.
GC 6.2 LAWS, NOTICES, PERMITS, AND FEES
6.2.1 The Client shall obtain and pay for development approvals, building permit, permanent easements, rights of servitude, and all other necessary licenses and permits, except for the permits and fees referred to in paragraph 6.2.3 or for which the Contract Documents specify as the responsibility of VCP.
6.2.2 VCP shall be responsible for procuring permits, licenses, 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.
6.2.3 If, after 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 to change the Contract Price
PART 7 OWNER TAKEOVER
GC 7.1 EARLY OCCUPANCY BY THE CLIENT
7.1.1 The Client may take occupancy of a part or the entirety of the Work before Ready-for-Takeover has been attained only as agreed by VCP, which agreement shall not be unreasonably withheld.
7.1.2 If the Client takes occupancy of a part of the Work before Ready-for-Takeover has been attained:
(1) VCP shall cease to be liable for the care of such part as from this date when responsibility shall pass to the Client
(2) The warranty period specified in paragraph 7.2.1 of GC 7.2 – WARRANTY for that part of the Work shall start from the date it is occupied.
GC 7.2 WARRANTY
7.2.1 The warranty period under the Contract is one year from the date when Ready-for-Takeover has been attained.
7.2.2 VCP shall be responsible for the proper performance of the Work to the extent that the design and Contract
Documents permit such performance.
7.2.3 The Client shall promptly give VCP Notice in Writing of observed defects and deficiencies during the one-year warranty period.
7.2.4 Subject to paragraph 7.2.2, VCP shall correct promptly, at VCP’s expense, defects or deficiencies in the Work which appear before and during the one-year warranty period.