1- Construction Schedule

1.1. The subcontractor will perform the work:
a) in accordance with a schedule that the contractor encloses with the subcontractor; or
b) if the schedule is provided afterwards, in accordance with a schedule with a schedule mutually agreed upon. The suncontractor shall be deemed to have agreed to a subsequently provided schedule, if the subcontractor does not object to writing within 10 days of its receipt; or
c) if no schedule is provided by the contractor, then starting on or about 3 days after the PO sign and substantially completing the work, on or about 1 week before.

1.02. The contractor may, for any reason, reasonably adjust any schedule or specified timing during the course of the project after consulting with the subcontractor.

1.03. In case of delay caused by circumstances beyond the control of the contractor, it may suspend the subcontractor’s performance of the subcontract in whole or in part. The contractor may then call upon the subcontractor to resume performance at any subsequent time and the subcontractor shall do so, and execute the balance of its obligations. The contractor shall not be liable to the subcontractor for any damages or costs that the subcontractor suffers or incurs because of the suspension or resulting delay. However, the time to complete the work shall be extended by the period during which it was inactive due to the suspension of work or by whatever lesser time as would be reasonable in the circumstances.
Liquidation damage for any delay affect completion and to achieve substantial performance with $300.

 

2- Payment

2.01. Subject to applicable lien legislation, maintenance / warranty holdbacks, if any, and the provisions of the subcontract, the contractor shall make progress payments to the subcontractor on account of the subcontract price. Additionally, a ten percent deficiency holdback will be retained for the duration of the  work of this contract and will only be released progressively as deficiencies are rectified and approved by the consultant. The contractor need not make a progress payment:
a) until the consultant has certified that the subcontractor has completed the portion of the work claimed in the progress application;
b) if a Subsub hasnotified the contractor that the subsub is claiming against the contractor for monies the subcontractor owes for the subsub’s work on the project. The contractor need not make the payment for as long as the claim is still outstanding;
c) until the subcontractor has delivered an executed copy of the subcontract to the contractor; and
d) until the subcontractor has delivered proof that it has complied with the insured provisions contained in the subcontract.

2.02. The subcontractor shall submit a schedule of values of the various parts of the work to facilitate the evaluation of each application for payment. The sum of the values shall be the subcontract price. The schedule shall be submitted to the contractor as soon as possible, but prior to the first application for payment.

2.03. To make application for payment, the subcontractor must submit all invoices for work done in the current month, together with current and clear WSIB certificates, insurance documentation in accordance with Article 7, the documents set out in section 8.05, supporting statutory declarations, and other documents that the contractor requires, no later than 5 days prior to the end of the current month. The application shall cover the value for that part of the work that the subcontractor has performed up to the last day of the current month. It must be accordance with the schedule of values.

2.04. If the contractor, or the consultant, makes any changes to any amount in a payment application, the contractor shall promptly notify the subcontractor, orally or in writing, of the reasons. The contractor shall give the subcontractor the opportunity to defend the submission.

2.05. Subject to the provisions in article 2 and, in particular, to the subcontractor’s obligations in them and subject to applicable construction lien and maintenance holdbacks, payment resulting from each payment application shall be made within 30 days of the end of the current month or 7 days after certification of the payment by the consultant.

2.06. Subject to the provisions in article 2 and, in particular, to the subcontractor’s obligations in them and upon the subcontractor submitting current and clear WSIB certificates, supporting statutory declarations, and other documents that the contractor requires, the contractor shall pay holdback monies in accordance with applicable lien legislation, the specifications, and the Prime contract.

2.07. The release of holdback monies shall not be due until authorized by the consultant’s certificate and until: (a) the expiration of all rights to claim for lien arising from the performance of the work; (b) 10 days after the issue of the certificate; and (c) the number of days stipulated in the specifications when holdback monies may be released after the issue of the certificate.

2.08. Notwithstanding sections 2.01 to 2.07 inclusive, if there are any items of the work that the subcontractor cannot readily perform, the contractor may withhold from payments made on the subcontract price until the remaining items are finished. The contractor may withhold those monies that the contractor determines are sufficient and reasonable to cover the cost of performing the remaining work and to adequately protect the contractor from claims.

2.09. The contractor may set off, against any money it owes to the subcontractor, any money that the subcontractor owes to the contractor or any damages, liquidated or not, for which the subcontractor is responsible to the contractor, whether the monies owing or the damages arise out of the agreement or any other agreement between the parties.

 

3- Changes in the work 

3.01. The contractor, without invalidating the subcontract, may make changes by altering, adding to or deducting from the work and the subcontract price and subcontract time for the completion of the work shall be adjusted accordingly in accordance with the provisions of the prime contract 3.02 No change shall be made without a written order from the contractor.

 

4- Insurance

4.01. The subcontractor shall provide, maintain and pay for general liability insurance, automobile liability insurance, aircraft and watercraft liability insurance, andy any other insurance specified in the prime contract, other than property insurance. The amounts of the insurance coverage for the subcontractor shall be commercially reasonable, but at least as much as described in the prime contract.

4.02. Unless specified otherwise in the prime contract, the duration of each insurance policy shall be from the date of commencement of the work until the date of the final certificate for payment of the prime contract. The contractor shall be shown as additionally insured on each policy as it affects the project. The policies shall be endorsed with the insurer’s undertaking to provide the contractor with not less than thirty (30) days written notice in advance of cancellation, change, or amendment restricting coverage.

4.03. Before the first application for payment of the subcontract price, the subcontractor must supply the contractor with certificates of insurance, or the actual policy if the contractor so requests, showing compliance with this article.

4.04. Either the contractor or the owner will arrange for and maintain property insurance in accordance with the prime contract. If the subcontractor, or any of its subsubs, causes a loss that is insured under the property insurance policy, the subcontractor shall only be responsible to pay for any deductible amounts under the policy.

4.05. The subcontractor shall be responsible for securing its own tools, equipment, and until they have been incorporated into the project, building materials against any eventuality, including theft and vandalism. The contractor shall not be responsible for any loss to them, whether caused by the negligence of the contractor or otherwise. The subcontractor shall obtain appropriate insurance to insure this risk.

 

5- Clean-up and safety 

5.01. The subcontractor shall, at its own expense and to the satisfaction of the contractor, keep its work areas in a tidy condition and free from the accumulation of waste products and debris. It shall remove from the project all waste products and debris caused by the performance of the work. Should it fail to perform these housekeeping requirements, the contractor shall have the right to have the work performed by whatever means may be expedient and the subcontractor agrees to pay all costs of the clean-up and removal of the waste products and debris immediately upon being invoiced for them.