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CCDC Cca

The document is a standard subcontract agreement template from the Canadian Construction Association, outlining the terms and conditions for subcontract work. It includes sections on the work to be performed, payment, conflict resolution, and various administrative provisions. The document emphasizes the importance of adhering to the prime contract and includes guidelines for changes, allowances, and dispute resolution.

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0% found this document useful (0 votes)

20 views182 pages

CCDC Cca

Uploaded by

juliana moreno

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You are on page 1/ 182

Standard construction document CCA

1
2008

stipulated price

subcontract

Project:

Subcontract Work:

Apply a CCA 1 copyright seal here. The application of

the seal demonstrates the intention of the party proposing
the use of this document that it be an accurate and
unamended form of CCA 1 – 2008 except to the extent
that any alterations, additions or modifications are set
forth in supplementary conditions.

Canadian Construction Association

2008 Copyright
TABLE OF CONTENTS

AGREEMENT BETWEEN CONTRACTOR PART 4 ALLOWANCES

AND SUBCONTRACTOR SCC 4.1 Cash Allowances

Article 1A Work to be Performed PART 5 PAYMENT

Article 2A Conflict Between the Prime Contract and Subcontract SCC 5.1 Applications for Payment
Article 3A Subcontract Documents SCC 5.2 Witholding of Payment
Article 1B Work to be Performed SCC 5.3 Non-Conforming Work
Article 2B Conflict Between the Prime Contract and Subcontract
Article 3B Subcontract Documents PART 6 CHANGES IN THE WORK
Article 4 Schedule SCC 6.1 Contractor’s Right to Make Changes
Article 5 Subcontract Price SCC 6.2 Change Order
Article 6 Payment SCC 6.3 Change Directive
Article 7 Receipt of and Addresses for Notices in Writing SCC 6.4 Concealed or Unknown Conditions
Article 8 Language of the Subcontract SCC 6.5 Delays
SCC 6.6 Claims for a Change in Subcontract Price
DEFINITIONS
PART 7 DEFAULT NOTICE
1. Change Directive SCC 7.1 Contractor's Right to Perform the Subcontract Work,
2. Change Order Terminate the Subcontractor’s Right to Continue with the
3. Construction Equipment Subcontract Work or Terminate the Subcontract
4. Contract Documents SCC 7.2 Subcontractor’s Right to Suspend the Subcontract Work or
5. Drawings Terminate the Subcontract
6. Notice in Writing
7. Owner, Consultant, Contractor, Subcontractor PART 8 DISPUTE RESOLUTION
8. Place of the Work SCC 8.1 Interpretation and Instruction of the Contractor
9. Prime Contract SCC 8.2 Negotiation, Mediation and Arbitration
10. Product SCC 8.3 Retention of Rights
11. Project
12. Provide PART 9 PROTECTION OF PERSONS AND PROPERTY
13. Shop Drawings SCC 9.1 Protection of Work and Property
14. Specifications SCC 9.2 Toxic and Hazardous Substances
15. Subcontract SCC 9.3 Artifacts and Fossils
16. Subcontract Documents SCC 9.4 Construction Safety
17. Subcontract Price SCC 9.5 Mould
18. Subcontract Time
19. Subcontract Work PART 10 GOVERNING REGULATIONS
20. Substantial Performance of the Subcontract Work SCC 10.1 Taxes and Duties
21. Substantial Performance of the Work SCC 10.2 Laws, Notices, Permits, and Fees
22. Sub-Subcontractor SCC 10.3 Patent Fees
23. Supplemental Instruction SCC 10.4 Workers' Compensation
24. Temporary Work
25. Value Added Taxes PART 11 INSURANCE AND CONTRACT SECURITY
26. Work SCC 11.1 Insurance
27. Working Day SCC 11.2 Contract Security

SUBCONTRACT CONDITIONS PART 12 INDEMNIFICATION, WAIVER OF CLAIMS AND

WARRANTY
PART 1 GENERAL PROVISIONS SCC 12.1 Indemnification
SCC 1.1 Documents SCC 12.2 Waiver of Claims
SCC 1.2 Assignment SCC 12.3 Warranty

PART 2 ADMINISTRATION OF THE SUBCONTRACT Enquiries should be directed to:

SCC 2.1 Supplemental Instructions Canadian Construction Association
SCC 2.2 Review and Inspection of the Work 400 - 75 Albert Street
Ottawa, Ontario K1P 5E7
SCC 2.3 Defective Work
www.cca-acc.com

PART 3 EXECUTION OF THE WORK

SCC 3.1 Construction by Contractor or Other Subcontractors
SCC 3.2 Temporary Services CCA Copyright 2008
SCC 3.3 Supervision Must not be copied in whole or in part without written permission from the
SCC 3.4 Sub-Subcontractors Canadian Construction Association.
SCC 3.5 Shop Drawings
SCC 3.6 Use of the Work CCA 1 is the product of a consensus-building process aimed at balancing the
SCC 3.7 Cutting and Remedial Work interests of all parties on the construction project. It reflects recommended
industry practices. CCA 1 can have important consequences. CCA does not
SCC 3.8 Cleanup accept any responsibility or liability for loss or damage which may be suffered
SCC 3.9 Payment of Accounts as a result of the use or interpretation of CCA 1.
Standard Construction Document
AGREEMENT BETWEEN CONTRACTOR AND SUBCONTRACTOR

This Subcontract Agreement made on the ____ day of _________________ in the year ______.
by and between the parties

______________________________________________________________________________________________________
name of Contractor

hereinafter called the "Contractor"

and

______________________________________________________________________________________________________
name of Subcontractor

hereinafter called the "Subcontractor"

Whereas the Contractor has entered into an agreement hereinafter called the "Prime Contract" on the ____ day of
_________________ in the year ______ with _________________________________________________________________
______________________________________________________________________________________________________
Name of Owner
hereinafter called the "Owner" for the construction of

______________________________________________________________________________________________________
Name of Project
hereinafter called the "Project"

And whereas the Prime Contract includes the Subcontract Work to be performed under this Subcontract Agreement in
accordance with the Contract Documents for which ____________________________________________________________
______________________________________________________________________________________________________
Name of Consultant
is acting as and is hereinafter called the "Consultant"

And whereas the Subcontractor has agreed with the Contractor to perform the Subcontract Work and supply all of the labour,
Products, tools, construction machinery and equipment necessary therefore as hereinafter set forth;

And whereas the Contractor and Subcontractor for themselves, their heirs, executors, administrators, successors and assigns do
hereby agree to the full performance of the covenants herein contained;

NOW THEREFORE THE SUBCONTRACT AGREEMENT WITNESSETH as follows:

CCA 1 – 2008 1

ARTICLE 1A – WORK TO BE PERFORMED

1.1 The Subcontractor shall furnish the Products and perform the Subcontract Work in a proper and workmanlike manner
pertaining to: (Insert full description of all work to be done with reference to specification section as described by number and heading if
applicable)

1.2 The Subcontractor shall perform the Subcontract Work as required by the Subcontract Documents.

ARTICLE 2A – CONFLICT BETWEEN THE PRIME CONTRACT AND SUBCONTRACT

2.1 The requirements, terms and conditions of the Prime Contract as far as they are applicable to this Subcontract, shall be
binding upon the Contractor and the Subcontractor as if the word “owner” appearing therein had been changed to
“Contractor” and the word “contractor” appearing therein has been changed to “Subcontractor”. In the event of any
conflict between the terms of this Subcontract and the Prime Contract, the Prime Contract shall govern.
2.2 Paragraphs 10.2.4 and 10.2.5 of SCC 10.2 – LAWS, NOTICES, PERMITS, AND FEES and SCC 12.1 –
INDEMNIFICATION shall be individually inoperative and considered as deleted from this contract in the event that
conditions of identical wording or effect as they relate to each of these articles are not set out in the Prime Contract.

ARTICLE 3A – SUBCONTRACT DOCUMENTS

The following are the Subcontract Documents referred to in Article 1A of this Subcontract Agreement – WORK TO BE
PERFORMED
• Prime Contract Agreement between Owner and Contractor
• Definitions of the Prime Contract
• The General Conditions of the Prime Contract
• Subcontract Agreement between Contractor and Subcontractor
• Definitions of the Subcontract
• The Subcontract Conditions of the Subcontract
*

* (Insert here, attaching additional pages if required, a list identifying all other Subcontract Documents, e.g. supplementary conditions; information
documents; 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 and date)
2 CCA 1 – 2008
Note: This contract is protected by copyright. Use of a CCA 1 document not containing a CCA 1 copyright seal constitutes an infringement of copyright.
Only sign this contract if the document cover page bears a CCA 1 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCA 1 – 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
(NOTE: THE PARTIES SHALL COMPLETE ARTICLES 1B, 2B AND 3B AND DISCARD ARTICLES 1A, 2A AND 3A IF
- THERE IS NO WRITTEN PRIME CONTRACT BETWEEN THE OWNER AND THE CONTRACTOR, OR
- IT IS THE INTENTION OF THE CONTRACTOR AND THE SUBCONTRACTOR THAT THIS SUBCONTRACT REPRESENTS THE
FULL SCOPE OF THE SUBCONTRACT WORK AND SHALL GOVERN IN THE EVENT OF A CONFLICT.)

ARTICLE 1B – WORK TO BE PERFORMED

1.2 The Subcontractor shall perform the Subcontract Work as required by the Subcontract Documents. Any amendments to
the Contract Documents that relate to the Subcontract Work after time of the submission of subcontract bids to the
Contractor and prior to execution of the Subcontract, shall be agreed in writing by the Contractor and Subcontractor.

ARTICLE 2B – CONFLICT BETWEEN THE PRIME CONTRACT AND SUBCONTRACT

2.1 In the event of any conflict between the terms of this Subcontract and the Prime Contract, this Subcontract shall govern.

ARTICLE 3B – SUBCONTRACT DOCUMENTS

The following are the Subcontract Documents referred to in Article 1B of this Subcontract Agreement – WORK TO BE
PERFORMED
• Subcontract Agreement between Contractor and Subcontractor
• Definitions of the Subcontract
• The Subcontract Conditions of the Subcontract
• Prime Contract Agreement between Owner and Contractor, if any
• Definitions of the Prime Contract, if any
• The General Conditions of the Prime Contract, if any
*

ARTICLE 5 – SUBCONTRACT PRICE

5.1 The Subcontract Price, which excludes Value Added Taxes, is:

________________________________________________________________________

__________________________________________ /100 dollars $ _

5.2 Value Added Taxes (of _________________ %) payable by the Contractor to the Subcontractor are:

________________________________________________________________________

__________________________________________ /100 dollars $ _

5.3 Total amount payable by the Contractor to the Subcontractor for the construction of the Subcontract Work is:

________________________________________________________________________

______________________________________________________________ /100 dollars 0

$ _____________________
5.4 These amounts shall be subject to adjustments as provided in the Subcontract Documents.
5.5 All amounts are in Canadian funds.

ARTICLE 6 – PAYMENT
6.1 Subject to the provisions of the Subcontract Documents, and in accordance with legislation and statutory regulations
respecting holdback percentages the Contractor shall:
.1 make progress payments to the Subcontractor on account of the Subcontract Price in accordance with paragraph 6.2
of this Article. The amounts of such payments shall be as certified by the Consultant together with such Value
Added Taxes as may be applicable to such payment;
.2 upon Substantial Performance of the Work, pay to the Subcontractor the percentage of the Subcontract Price which
has been held back from the preceding progress payments when due together with such Value Added Taxes as may
be applicable to such payment; and
.3 upon the issuance of the Consultant's certificate of payment that incorporates final payment of the Subcontract
Work, pay to the Subcontractor the unpaid balance of the Subcontract Price when due together with such Value
Added Taxes as may be applicable to such payment.
6.2 The Subcontractor shall make applications for payment together with supporting sworn statements and other documents
that are required by the Subcontract Documents on or before the ____ day of each month (herein called the Submission
Date) to the Contractor for approval and due processing. The amount claimed shall be for the value, proportionate to
the amount of the Subcontract, of Subcontract Work performed and Products delivered to the Place of the Work up to
the ____ day of the month. The Contractor shall pay the Subcontractor, no later than 30 calendar days after the
Submission Date or 10 calendar days after the date of a Consultant’s certificate for payment whichever is later, ______
percent of the amount applied for or such other amount as the Contractor or the Consultant determines to be properly
due. Where the Contractor or the Consultant makes any changes to the amount of the applications for payment as
submitted by the Subcontractor, the Subcontractor shall be advised promptly in writing by the Contractor of changes
and given the opportunity to defend the Subcontractor's submission without delay.

4 CCA 1 – 2008
Note: This contract is protected by copyright. Use of a CCA 1 document not containing a CCA 1 copyright seal constitutes an infringement of copyright.
Only sign this contract if the document cover page bears a CCA 1 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCA 1 – 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
6.3 In the event that the Consultant fails to issue any certificate upon which payment shall become payable to the
Contractor or the Owner fails to make a payment within the times prescribed in the Prime Contract:
.1 The Contractor shall immediately inform the Owner of the Owner’s default as provided for by the terms of the
Prime Contract, contemporaneously advise the Subcontractor in writing of such default and provide to the
Subcontractor a copy of any and all notices of default delivered by the Contractor to the Owner.
.2 Should the Owner not remedy the default within the time prescribed by the Prime Contract, the Contractor shall
stop the Work and shall, within the time stipulated in the applicable lien legislation, take such steps as are required
to enforce all of the Contractor’s lien rights to recover all amounts unpaid on the Subcontract. The Contractor shall
provide the Subcontractor prompt Notice in Writing of all steps taken to enforce payment.
.3 In the event that the Contractor has complied with all the provisions of this paragraph 6.3, the time for payment
provided for in paragraph 6.2 of this Article shall be extended for _____ *days from that otherwise provided for in
paragraph 6.2 of this Article and the amount of the payment so suspended shall be deemed to be a holdback
authorised pursuant to the terms of this Subcontract and shall be payable at the time provided for in this
subparagraph. (* NOTE: the suspension time shall be 90 days or as otherwise agreed by the Contractor and the Subcontractor.)
.4 Notwithstanding any suspension as herein provided of the obligation to make payment which would otherwise be
payable pursuant to paragraph 6.2 of this Article, the Contractor shall be obliged to pay interest on the amount of
the payment which is suspended at the date payment of that sum finally becomes due at the rate provided in
paragraph 6.5 of this Article calculated from the date when, but for paragraph 6.3 of this Article, payment would
otherwise have been due.
6.4 If no claims exist against the Subcontract Work and the Subcontractor has submitted to the Contractor a sworn
statement that all accounts for labour, sub-subcontracts, Products, Construction Equipment, and other indebtedness
which may have been incurred by the Subcontractor in the performance of the Subcontract Work and for which the
Contractor might in any way be held responsible have been paid in full, except for holdback amounts to be payable out
of the funds to be paid to the Subcontractor pursuant to this paragraph 6.4 or as an identified amount in dispute, the
amount withheld from progress payments made pursuant to paragraph 6.1.1 of this Article and which is payable
pursuant to paragraph 6.1.2 of this Article is due and payable:
.1 In the Common Law provinces, on the day following the expiration of the holdback period stipulated in the lien
legislation applicable to the Place of the Work. Where lien legislation does not exist or apply, the holdback amount
shall be due and payable in accordance with other legislation, industry practice or provisions which may be agreed
to between the parties. The Contractor may retain out of the holdback amount any sums required by law to satisfy
any liens against the Subcontract Work or, if permitted by the lien legislation applicable to the Place of the Work,
other third party monetary claims against the Subcontractor which are enforceable against the Contractor.
.2 In the Province of Quebec, no later than 30 calendar days after the date of Substantial Performance of the Work.
The Contractor may retain out of the holdback amount any sums required by law to satisfy any legal hypothecs that
have been taken or could be taken against the Work or other third party monetary claims against the Owner which
are enforceable against the Contractor.
6.5 Interest
.1 Should either party fail to make payments as they become due under the terms of this Subcontract or in an award by
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 6.5.1 of this Article on the settlement
amount of any claim in dispute that is resolved either pursuant to Part 8 of the Subcontract Conditions – DISPUTE
RESOLUTION or otherwise, from the date the amount would have been due and payable under the Subcontract,
had it not been in dispute, until the date it is paid.

CCA 1 – 2008 5

Contractor

________________________________________________________________________________________________
name of Contractor*

________________________________________________________________________________________________
address

____________________________________________ ____________________________________________
facsimile number email address

Subcontractor

________________________________________________________________________________________________
name of Subcontractor*

________________________________________________________________________________________________
address

____________________________________________ ____________________________________________
facsimile number email address

* If it is intended that the notice must be received by a specific individual, that individual’s name shall be indicated.

ARTICLE 8 LANGUAGE OF THE SUBCONTRACT

8.1 When the Subcontract 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.

8.2 This Subcontract Agreement is drawn in English at the request of the parties hereto. La présente convention est
rédigée en anglais à la demande des parties.

6 CCA 1 – 2008
Note: This contract is protected by copyright. Use of a CCA 1 document not containing a CCA 1 copyright seal constitutes an infringement of copyright.
Only sign this contract if the document cover page bears a CCA 1 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCA 1 – 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
IN WITNESS WHEREOF,
Paragraphs (1) and (2), which only apply to the Province of Quebec, shall read as follows:
(1) having read and fully understood this Subcontract and all the documents it includes or to which it refers, as well as the
rights and obligations resulting therefrom; and
(2) having had the opportunity of negotiating the essential stipulations of this Subcontract,

the parties hereto have executed this Subcontract by the hands of their duly authorized representatives.

SIGNED AND DELIVERED

in the presence of:
WITNESS CONTRACTOR

____________________________________________
name of Contractor

____________________________________________ ____________________________________________
signature signature
____________________________________________ ____________________________________________
name and title of person signing name and title of person signing

WITNESS SUBCONTRACTOR

____________________________________________
name of Subcontractor

____________________________________________ ____________________________________________
signature signature

____________________________________________ ____________________________________________
name and title of person signing name and title of person signing

____________________________________________ ____________________________________________
signature signature

____________________________________________ ____________________________________________
name and title of person signing name and title of person signing

N.B. Where legal jurisdiction, local practice, or Contract or Subcontract 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 Subcontract for and on behalf of the corporation or partnership; or
(b) the affixing of a corporate seal, this Subcontract shall be properly sealed.

CCA 1 – 2008 7

Note: This contract is protected by copyright. Use of a CCA 1 document not containing a CCA 1 copyright seal constitutes an infringement of copyright.
Only sign this contract if the document cover page bears a CCA 1 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCA 1 – 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
DEFINITIONS
The following definitions shall apply to all Subcontract Documents.
1. Change Directive
A Change Directive is a written instruction signed by the Contractor directing the Subcontractor to proceed with a change
in the Subcontract Work within the general scope of the Subcontract Documents prior to the Contractor and the
Subcontractor agreeing upon adjustments in the Subcontract Price and the Subcontract Time.
2. Change Order
A Change Order is a written amendment to this Subcontract signed by the Contractor and the Subcontractor stating their
agreement upon:
– a change in the Subcontract Work;
– the method of adjustment or the amount of the adjustment in the Subcontract Price, if any; and
– the extent of the adjustment in the Subcontract Time, if any.
3. 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 Subcontract Work but is not incorporated into the
Subcontract Work.
4. Contract Documents
The Contract Documents are those documents comprising the Prime Contract between the Owner and the Contractor and
defined therein.
5. Drawings
The Drawings are the graphic and pictorial portions of the Subcontract Documents, wherever located and whenever issued,
showing the design, location, and dimensions of the Subcontract Work, generally including plans, elevations, sections,
details, and diagrams.
6. Notice in Writing
A Notice in Writing, where identified in the Subcontract Documents, is a written communication between the parties that
is transmitted in accordance with the provisions of Article 7 of the Subcontract Agreement – RECEIPT OF AND
ADDRESSES FOR NOTICES IN WRITING.
7. Owner, Consultant, Contractor, Subcontractor
The Owner, Consultant, Contractor, and Subcontractor are the persons or entities identified as such in this Subcontract
Agreement and include their authorized representatives.
8. Place of the Work
The Place of the Work is the designated site or location of the Work identified in the Contract Documents.
9. Prime Contract
The Prime Contract is the undertaking by the Owner and the Contractor to perform their respective duties, responsibilities
and obligations as prescribed in the Contract Documents and represents the entire agreement between the Owner and the
Contractor.
10. Product
Product or Products means material, machinery, equipment, and fixtures forming the Subcontract Work, but does not
include Construction Equipment.
11. Project
The Project means the total construction contemplated of which the Work may be the whole or a part.
12. Provide
Provide means to supply and install.
13. Shop Drawings
Shop Drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures, Product data, and other
data which the Subcontractor provides to illustrate details of portions of the Subcontract Work.
14. Specifications
The Specifications are that portion of the Subcontract 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 Subcontract Work.
8 CCA 1 – 2008
Note: This contract is protected by copyright. Use of a CCA 1 document not containing a CCA 1 copyright seal constitutes an infringement of copyright.
Only sign this contract if the document cover page bears a CCA 1 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCA 1 – 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
15. Subcontract
The Subcontract is the undertaking by the Contractor and the Subcontractor to perform their respective duties,
responsibilities, and obligations as prescribed in the Subcontract Documents and represents the entire agreement between
the Contractor and the Subcontractor.
16. Subcontract Documents
The Subcontract Documents consist of those documents as listed in Article 3A or Article 3B of the Subcontract Agreement
– SUBCONTRACT DOCUMENTS, and any other amendments or provisions agreed upon between the Contractor and
Subcontractor.
17. Subcontract Price
The Subcontract Price is the amount stipulated in Article 5 of the Subcontract Agreement – SUBCONTRACT PRICE.
18. Subcontract Time
The Subcontract Time is the time stipulated in Article 4 of the Subcontract Agreement – SCHEDULE within which the
Subcontract Work is to be performed.
19. Subcontract Work
The Subcontract Work means the construction and related services required by the Subcontract Documents.
20. Substantial Performance of the Subcontract Work
Substantial Performance of the Subcontract Work is as defined in the lien legislation applicable to the Place of the Work.
If such legislation is not in force or does not contain such definition, or if the Subcontract Work is governed by the Civil
Code of Quebec, Substantial Performance of the Subcontract Work shall have been reached when the Subcontract Work is
ready for use or is being used for the purpose intended and is so certified by the Consultant if the conditions of the Prime
Contract require the Consultant to issue such a certificate.
21. Substantial Performance of the Work
Substantial Performance of the Work is as defined in the lien legislation applicable to the Place of the Work. If such
legislation is not in force or does not contain such definition, or if the Work is governed by the Civil Code of Quebec,
Substantial Performance of the Work shall have been reached when the Work is ready for use or is being used for the
purpose intended and is so certified by the Consultant in consultation with the Contractor if the Consultant is required by
the terms of the Prime Contract to issue such a certificate.
22. Sub-Subcontractor
A Sub-Subcontractor is a person or entity having a direct contract with the Subcontractor to perform a part or parts of the
Subcontract Work.
23. Supplemental Instruction
A Supplemental Instruction is an instruction, not involving adjustment in the Subcontract Price or Subcontract Time, in
the form of Specifications, Drawings, schedules, samples, models or written instructions, consistent with the intent of the
Subcontract Documents. It is to be issued by the Contractor to supplement the Subcontract Documents as required for the
performance of the Subcontract Work.
24. Temporary Work
Temporary Work means temporary supports, structures, facilities, services, and other temporary items, excluding
Construction Equipment, required for the execution of the Subcontract Work but not incorporated into the Subcontract
Work.
25. Value Added Taxes
Value Added Taxes means such sum as shall be levied upon the Subcontract Price by the Federal or any Provincial or
Territorial Government and is computed as a percentage of the Subcontract 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 Subcontractor by the tax legislation.
26. Work
The Work means the total construction and related services required by the Contract Documents.
27. 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.

CCA 1 – 2008 9

PART 1 GENERAL PROVISIONS

SCC 1.1 DOCUMENTS

1.1.1 The intent of the Subcontract Documents is to include the labour, Products and services necessary for the performance
of the Subcontract Work by the Subcontractor in accordance with these documents. It is not intended, however, that
the Subcontractor shall supply products or perform work not consistent with, not covered by, or not properly inferable
from the Subcontract Documents.
1.1.2 Nothing contained in the Subcontract Documents shall create any contractual relationship between the Contractor and
a Sub-Subcontractor or the Sub-Subcontractor's agent, employee, or other person performing any portion of the
Subcontract Work.
1.1.3 The Subcontract Documents are complementary, and what is required by any one shall be as binding as if required by
all.
1.1.4 Words or abbreviations which have well known technical or trade meanings are used in the Subcontract Documents in
accordance with such recognized meanings.
1.1.5 References in the Subcontract Documents to the singular shall be considered to include the plural as the context
requires.
1.1.6 Neither the organization of the Specifications nor the arrangement of Drawings shall control the Subcontractor in
dividing the work among Sub-Subcontractors.
1.1.7 If there is a conflict within Subcontract Documents:
.1 the order of priority of documents listed in Article 3A of the Subcontract Agreement – SUBCONTRACT
DOCUMENTS, from highest to lowest, shall be
– the Agreement of the Prime Contract,
– the Definitions of the Prime Contract,
– Supplementary Conditions of the Prime Contract,
– the General Conditions of the Prime Contract,
– the Agreement of the Subcontract,
– the Definitions of the Subcontract,
– Supplementary Conditions of the Subcontract,
– the Subcontract Conditions of the Subcontract,
– Division 1 of the Specifications,
– technical Specifications,
– material and finishing schedules,
– the Drawings.
.2 the order of priority of documents listed in Article 3B of the Subcontract Agreement – SUBCONTRACT
DOCUMENTS, from highest to lowest, shall be
– the Agreement of the Subcontract,
– the Definitions of the Subcontract,
– Supplementary Conditions of the Subcontract,
– the Subcontract Conditions of the Subcontract,
– the Agreement of the Prime Contract, if any
– the Definitions of the Prime Contract, if any
– Supplementary Conditions of the Prime Contract, if any
– the General Conditions of the Prime Contract, if any
– Division 1 of the Specifications,
– technical Specifications,
– material and finishing schedules,
– the Drawings.
.3 drawings of larger scale shall govern over those of smaller scale of the same date.
.4 dimensions shown on Drawings shall govern over dimensions scaled from Drawings.
.5 later dated documents shall govern over earlier documents of the same type.

10 CCA 1 – 2008
Note: This contract is protected by copyright. Use of a CCA 1 document not containing a CCA 1 copyright seal constitutes an infringement of copyright.
Only sign this contract if the document cover page bears a CCA 1 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCA 1 – 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
1.1.8 The Contractor shall provide the Subcontractor, without charge, sufficient copies of the Subcontract Documents to
perform the Subcontract Work.

SCC 1.2 ASSIGNMENT

1.2.1 Neither party to the Subcontract shall assign the Subcontract or a portion thereof without the written consent of the
other, which consent shall not be unreasonably withheld.

PART 2 ADMINISTRATION OF THE SUBCONTRACT

SCC 2.1 SUPPLEMENTAL INSTRUCTIONS

2.1.1 During the progress of the Subcontract Work the Contractor will furnish Supplemental Instructions to the
Subcontractor with reasonable promptness or in accordance with a schedule for such instructions agreed to by the
Contractor and the Subcontractor.

SCC 2.2 REVIEW AND INSPECTION OF THE WORK

2.2.1 The Owner, the Consultant and the Contractor shall have access to the Subcontract Work for inspection whenever it is
in preparation or progress. The Subcontractor shall cooperate to provide reasonable facilities for such access.
2.2.2 If special tests, inspections or approvals are required by the Subcontract Documents, or by the Consultant's
instructions, or by the laws or ordinances of the Place of the Work, the Subcontractor shall give the Contractor timely
notice requesting inspection. Inspection by the Consultant and the Contractor shall be made promptly.
2.2.3 The Subcontractor shall furnish promptly to the Contractor two copies of certificates and inspection reports relating
to the Subcontract Work.
2.2.4 If the Subcontractor 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 Subcontractor shall, if
so directed, uncover such work, have the inspections or tests satisfactorily completed, and make good covering work
at the Subcontractor's expense.
2.2.5 The Contractor may order any portion or portions of the Subcontract Work to be examined to confirm that such work
is in accordance with the requirements of the Subcontract Documents. If the work is not in accordance with the
requirements of the Subcontract Documents, the Subcontractor shall correct the work and pay the cost of examination
and correction. If the work is in accordance with the requirements of the Subcontract Documents, the Contractor
shall pay the cost of examination and restoration.
2.2.6 The Subcontractor 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 Subcontract Documents to be performed by the
Subcontractor or is designated by the laws or ordinances of the Place of the Work.
2.2.7 The Subcontractor shall pay the cost of samples required for any test or inspection to be performed by the Consultant,
the Owner or the Contractor if such test or inspection is designated in the Subcontract Documents.

SCC 2.3 DEFECTIVE WORK

2.3.1 The Subcontractor shall promptly correct defective work that has been rejected by the Contractor as failing to
conform to the Subcontract Documents whether or not the defective work has been incorporated in the Subcontract
Work and whether or not the defect is the result of poor workmanship, use of defective products or damage through
carelessness or other act or omission of the Subcontractor.
2.3.2 The Subcontractor shall make good promptly other work destroyed or damaged by such corrections at the
Subcontractor's expense.
2.3.3 If in the opinion of the Contractor it is not expedient to correct defective work or work not performed as provided in
the Subcontract Documents, the Contractor, having obtained concurrence of such opinion from the Consultant, may
deduct from the amount otherwise due to the Subcontractor the difference in value between the work as performed
and that called for by the Subcontract Documents. If the Subcontractor does not agree with the difference in value,
the disagreement shall be settled in accordance with Part 8 of the Subcontract Conditions – DISPUTE RESOLUTION.

CCA 1 – 2008 11

SCC 3.1 CONSTRUCTION BY CONTRACTOR OR OTHER SUBCONTRACTORS

3.1.1 The Contractor reserves the right to award separate subcontracts in connection with other parts of the Work to other
subcontractors and to perform work with own forces.
3.1.2 When separate subcontracts are awarded for other parts of the Work, or when work is performed by the Contractor's
own forces, the Contractor shall:
.1 provide for the co-ordination of the activities and work of other subcontractors and Contractor's own forces with
the Subcontract Work;
.2 assume overall responsibility for compliance with the applicable health and construction safety legislation at the
Place of the Work;
.3 enter into separate subcontracts with other subcontractors under conditions of contract which are compatible with
the conditions of the Subcontract;
.4 ensure that insurance coverage is provided to the same requirements as are called for in SCC 11.1 –
INSURANCE and co-ordinate such insurance with the insurance coverage of the Subcontractor as it affects the
Subcontract Work; and
.5 take all reasonable precautions to avoid labour disputes or other disputes on the Work arising from the work of
other subcontractors or the Contractor's own forces.
3.1.3 When separate subcontracts are awarded for other parts of the Work, or when work is performed by the Contractor's
own forces, the Subcontractor shall:
.1 afford the Contractor and other subcontractors reasonable opportunity to store their products and execute their
work;
.2 cooperate with other subcontractors and the Contractor in reviewing their construction schedules; and
.3 promptly report to the Contractor in writing any apparent deficiencies in the work of other subcontractors or of
the Contractor’s own forces, where such work affects the proper execution of any portion of the Subcontract
Work, prior to proceeding with that portion of the Subcontract Work.
3.1.4 Where the Subcontract Documents identify the work to be performed by other subcontractors or the Contractor’s own
forces, the Subcontractor shall co-ordinate and schedule the Subcontract Work with the work of other subcontractors
and the Contractor’s own forces as specified in the Subcontract Documents.
3.1.5 When a change in the Subcontract Work is required as a result of the co-ordination and integration of the work of
other subcontractors or Contractor's own forces with the Subcontract Work, the changes shall be authorized and
valued as provided in SCC 6.1 – CONTRACTOR’S RIGHT TO MAKE CHANGES, SCC 6.2 – CHANGE ORDER,
and SCC 6.3 – CHANGE DIRECTIVE.
3.1.6 Disputes and other matters in question between the Subcontractor and other subcontractors shall be dealt with as
provided in Part 8 of the Subcontract Conditions – DISPUTE RESOLUTION provided the other subcontractors have
reciprocal obligations. The Subcontractor shall be deemed to have consented to arbitration of any such dispute with
any other subcontractor whose contract with the Contractor contains a similar agreement to arbitrate.

SCC 3.2 TEMPORARY SERVICES

3.2.1 Unless otherwise stipulated in the Subcontract Documents, the Contractor will provide and pay for all temporary
water, power and heat, general purpose lighting and toilet facilities but excluding those temporary services required
for the Subcontractor's site office.

SCC 3.3 SUPERVISION

3.3.1 The Subcontractor shall provide all necessary supervision and appoint a competent representative who shall be in
attendance at the Place of the Work while work is being performed. The appointed representative shall not be
changed except for valid reason.
3.3.2 The appointed representative shall represent the Subcontractor at the Place of the Work. Information and instructions
provided to the Subcontractor’s appointed representative shall be deemed to have been received by the Subcontractor,
except with respect to Article 7 of the Subcontract Agreement – RECEIPT OF AND ADDRESSES FOR NOTICE IN
WRITING.

12 CCA 1 – 2008
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Only sign this contract if the document cover page bears a CCA 1 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCA 1 – 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
SCC 3.4 SUB-SUBCONTRACTORS
3.4.1 The Subcontractor shall preserve and protect the rights of the parties under the Subcontract with respect to
Subcontract Work to be performed under sub-subcontract, and shall:
.1 enter into contracts or written agreements with Sub-Subcontractors to require them to perform their work as
provided in the Subcontract Documents;
.2 incorporate the terms and conditions of the Subcontract Documents into all contracts or written agreements with
Sub-Subcontractors; and
.3 be as fully responsible to the Contractor for acts and omissions of Sub-Subcontractors and of persons directly or
indirectly employed by them as for acts and omissions of persons directly employed by the Subcontractor.
3.4.2 The Subcontractor shall indicate in writing, if requested by the Contractor, those Sub-Subcontractors whose bids
have been received by the Subcontractor which the Subcontractor would be prepared to accept for the performance of
a portion of the Subcontract Work. Should the Contractor not object before signing the Subcontract, the
Subcontractor shall employ those Sub-Subcontractors that comply with the requirements of the Subcontract
Documents and so identified by the Subcontractor in writing for the performance of that portion of the Subcontract
Work to which their bid applies.
3.4.3 The Contractor may, for reasonable cause, at any time before the Contractor has signed the Subcontract, object to the
use of a proposed Sub-Subcontractor and require the Subcontractor to employ one of the other sub-subcontract
bidders.
3.4.4 If the Contractor requires the Subcontractor to change a proposed Sub-Subcontractor, the Subcontract Price and
Subcontract Time shall be adjusted by the differences occasioned by such required change.
3.4.5 The Subcontractor shall not be required to employ as a Sub-Subcontractor, a person or firm to which the
Subcontractor may reasonably object.
3.4.6 The Contractor may provide to a Sub-Subcontractor information as to the percentage of the Sub-Subcontractor's work
which has been certified for payment.

SCC 3.5 SHOP DRAWINGS

3.5.1 The Subcontractor shall provide Shop Drawings as required in the Subcontract Documents.
3.5.2 The Subcontractor shall provide Shop Drawings to the Contractor to review in orderly sequence and sufficiently in
advance so as to cause no delay in the Subcontract Work or in the work of other contractors.
3.5.3 Upon request of the Contractor, they shall jointly prepare a schedule of the dates for provision, review and return of
Shop Drawings.
3.5.4 The Subcontractor shall provide Shop Drawings in the form specified, or if not specified, as directed by the
Contractor.
3.5.5 Shop Drawings provided by the Subcontractor to the Contractor shall indicate by stamp, date and signature of the
person responsible for the review that the Subcontractor has reviewed each one of them.
3.5.6 Shop Drawings which require approval of any legally constituted authority having jurisdiction shall be provided to
such authority by the Subcontractor for approval.
3.5.7 The Subcontractor shall review all Shop Drawings before providing them to the Contractor. The Subcontractor
represents by this review that:
.1 the Subcontractor 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 Subcontractor has checked and co-ordinated each Shop Drawing with the requirements of the Subcontract
Work and of the Subcontract Documents.
3.5.8 At the time of providing Shop Drawings, the Subcontractor shall expressly advise the Contractor in writing of any
deviations in a Shop Drawing from the requirements of the Subcontract Documents. The Contractor shall indicate the
acceptance or rejection of such deviation expressly in writing.
3.5.9 The Contractor's review shall not relieve the Subcontractor of responsibility for errors or omissions in the Shop
Drawings or for meeting all requirements of the Subcontract Documents.

CCA 1 – 2008 13

SCC 3.6 USE OF THE WORK

3.6.1 The Subcontractor shall confine Construction Equipment, Temporary Work, storage of Products, waste products and
debris, and operations of employees to limits indicated by laws, ordinances, permits, the Subcontract Documents, or
by direction of the Contractor and shall not unreasonably encumber the Place of the Work.
3.6.2 The Subcontractor shall not load or permit to be loaded any part of the Work with a weight or force that will endanger
the safety of the Work.
3.6.3 The Subcontractor shall comply with the Contractor's instructions regarding signs, advertisements, fires, and
smoking.

SCC 3.7 CUTTING AND REMEDIAL WORK

3.7.1 The Subcontractor shall do the cutting and remedial work required to make the affected parts of the Subcontract Work
come together properly.
3.7.2 The Subcontractor shall coordinate the Subcontract Work to ensure that the cutting and remedial work is kept to a
minimum.
3.7.3 The Subcontractor shall not cut, dig, box, or sleeve any structural member so as to endanger existing work nor alter
the work of any others without the Contractor's written consent.
3.7.4 Should the Owner, the Contractor or anyone employed by them 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 SCC 6.1 –
CONTRACTOR’S RIGHT TO MAKE CHANGES, SCC 6.2 – CHANGE ORDER and SCC 6.3 – CHANGE
DIRECTIVE.
3.7.5 Cutting and remedial work shall be performed by specialists familiar with the Products affected and shall be
performed in a manner to neither damage nor endanger the Work.

SCC 3.8 CLEANUP

3.8.1 The Subcontractor shall maintain the Subcontract Work in a safe and tidy condition and free from the accumulation of
waste products and debris caused by the Subcontract Work.
3.8.2 Before applying for Substantial Performance of the Subcontract Work, the Subcontractor shall remove waste products
and debris caused by the Subcontract Work to the satisfaction of the Contractor. If the Contractor instructs the
Subcontractor to perform these housekeeping requirements and the Subcontractor fails to do so within a reasonable
time, the Contractor shall have the right to have the work performed by whatever means may be expedient and the
Subcontractor agrees to pay all reasonable costs of such clean-up and removal of waste products and debris.
3.8.3 Prior to application for Substantial Performance of the Subcontract Work, the Subcontractor shall remove any
remaining products, tools, Construction Machinery, Temporary Work, and waste products and debris resulting from
the Subcontractor‘s work.

SCC 3.9 PAYMENT OF ACCOUNTS

3.9.1 The Subcontractor shall promptly and satisfactorily settle and pay for all accounts, claims or liens with respect to the
Subcontract Work. If, after having received 2 Working Days Notice in Writing from the Contractor to settle and pay
such accounts, claims or liens, the Subcontractor fails or refuses to settle or pay same, the Contractor shall have the
right to settle or pay such accounts, claims or liens for the account of the Subcontractor and the receipt issued to the
Contractor with respect to such accounts, claims or liens shall be conclusive evidence as to such payments and the
amount thereof. Notwithstanding the foregoing provision, the Subcontractor shall not be required to pay any such
accounts, claims or liens if it has reasonable grounds for disputing same and the Contractor in these circumstances
will only have the right to pay or settle such accounts, claims or liens in such manner as in its opinion, will not
prejudice the Subcontractor’s right to dispute same.
14 CCA 1 – 2008
Note: This contract is protected by copyright. Use of a CCA 1 document not containing a CCA 1 copyright seal constitutes an infringement of copyright.
Only sign this contract if the document cover page bears a CCA 1 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCA 1 – 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
PART 4 ALLOWANCES

SCC 4.1 CASH ALLOWANCES

4.1.1 The Subcontract Price includes the cash allowances, if any, stated in the Subcontract Documents. The scope of work
or costs included in such cash allowance shall be as described in the Subcontract Documents.
4.1.2 The Subcontract Price, and not the cash allowances, includes the Subcontractor's overhead and profit in connection
with such cash allowances.
4.1.3 Expenditures under cash allowances shall be authorized by the Contractor.
4.1.4 Where the actual cost of the Subcontract Work under any cash allowance exceeds the amount of the allowance, the
Subcontractor shall be compensated for the excess incurred and substantiated plus an amount for overhead and profit
on the excess as set out in the Subcontract Documents. Where the actual cost of the Subcontract Work under any cash
allowance is less than the amount of the allowance, the Contractor shall be credited for the unexpended portion of the
cash allowance, but not for the Subcontractor’s overhead and profit on such amount. Multiple cash allowances shall
not be combined for the purpose of calculating the foregoing.
4.1.5 The Subcontract Price shall be adjusted by Change Order to provide for any difference between the amount of each
cash allowance and the actual cost of the Subcontract Work under that cash allowance.

PART 5 PAYMENT

SCC 5.1 APPLICATIONS FOR PAYMENT

5.1.1 Applications for payment on account as provided in Article 6 of the Subcontract Agreement – PAYMENT may be
made monthly as the Subcontract Work progresses.
5.1.2 The Subcontractor shall submit to the Contractor, at least 20 calendar days before the first application for payment, a
schedule of values for the parts of the Subcontract Work, aggregating the total amount of the Subcontract Price, so as
to facilitate evaluation of applications for payment.
5.1.3 The schedule of values shall be made out in such form and supported by such evidence as the Contractor may
reasonably direct and when accepted by the Contractor, shall be used as the basis for applications for payment, unless
it is found to be in error.
5.1.4 The Subcontractor shall include a statement based on the schedule of values with each application for payment.
5.1.5 Applications for payment for Products delivered to the Place of the work but not yet incorporated into the Subcontract
Work shall be supported by such evidence as the Contractor may reasonably require to establish the value and
delivery of the Products.

SCC 5.2 WITHHOLDING OF PAYMENT

5.2.1 If because of climatic or other conditions reasonably beyond the control of the Subcontractor, there are items of
Subcontract Work that cannot be performed, payment in full for that portion of the Subcontract Work which has been
performed as certified by the Consultant shall not be withheld or delayed by the Contractor on account thereof, but
the Contractor may withhold, until the remaining portion of the Subcontract Work is finished, only such an amount
that the Contractor determines is sufficient and reasonable to cover the cost of performing such remaining
Subcontract Work.
5.2.2 The provisions of SCC 5.2 – WITHOLDING OF PAYMENT shall be effective only when the applicable lien
legislation permits the release of any portion of the Subcontract Price which has been withheld by way of holdback
under the conditions contemplated herein.

SCC 5.3 NON-CONFORMING WORK

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

CCA 1 – 2008 15

SCC 6.1 CONTRACTOR’S RIGHT TO MAKE CHANGES

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

SCC 6.2 CHANGE ORDER

6.2.1 When a change in the Subcontract Work is proposed or required, the Contractor shall provide the Subcontractor with
a written description of the proposed change in the Subcontract Work. The Subcontractor shall promptly present, in a
form acceptable to the Contractor, a method of adjustment or an amount of adjustment for the Subcontract Price, if
any, and the adjustment in the Subcontract Time, if any, for the proposed change in the Subcontract Work.
6.2.2 When the Contractor and the Subcontractor agree to the adjustments in the Subcontract Price and Subcontract 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 Subcontract Work performed as the result of a Change Order shall be
included in the application for progress payment.

SCC 6.3 CHANGE DIRECTIVE

6.3.1 If the Contractor requires the Subcontractor to proceed with a change in the Subcontract Work prior to the Contractor
and the Subcontractor agreeing upon the corresponding adjustment in Subcontract Price and Subcontract Time, the
Contractor shall issue a Change Directive.
6.3.2 A Change Directive shall only be used to direct a change in the Subcontract Work which is within the general scope of
the Subcontract Documents.
6.3.3 A Change Directive shall not be used to direct a change in the Subcontract Time only.
6.3.4 Upon receipt of a Change Directive, the Subcontractor shall proceed promptly with the change in the Subcontract
Work.
6.3.5 For the purpose of valuing Change Directives, changes in the Subcontract 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 Subcontract Price for a change carried out by way of a Change Directive shall be determined
on the basis of the cost of the Subcontractor’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 Subcontractor’s cost, the Subcontract Price shall be increased by the
amount of the net increase in the Subcontractor’s cost, plus the Subcontractor’s percentage fee on such net
increase.
.2 If the change results in a net decrease in the Subcontractor’s cost, the Subcontract Price shall be decreased by the
amount of the net decrease in the Subcontractor’s cost, without adjustment for the Subcontractor’s percentage
fee.
.3 The Subcontractor’s fee shall be as specified in the Subcontract Documents or as otherwise agreed by the parties.
6.3.7 The cost of performing the Subcontract Work attributable to the Change Directive shall be limited to the actual cost of
the following:
.1 salaries, wages and benefits paid to personnel in the direct employ of the Subcontractor under a salary or wage
schedule agreed upon by the Contractor and the Subcontractor, or in the absence of such a schedule, actual
salaries, wages and benefits paid under applicable bargaining agreement, and in the absence of a salary or wage
schedule and bargaining agreement, actual salaries, wages and benefits paid by the Subcontractor, for personnel
(1) stationed at the Subcontractor’s field office, in whatever capacity employed;
(2) engaged in expediting the production or transportation of material or equipment, at shops or on the road;
(3) engaged in the preparation or review of Shop Drawings, fabrication drawings and coordination drawings; or
(4) engaged in the processing of changes in the Subcontract Work.

16 CCA 1 – 2008
Note: This contract is protected by copyright. Use of a CCA 1 document not containing a CCA 1 copyright seal constitutes an infringement of copyright.
Only sign this contract if the document cover page bears a CCA 1 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCA 1 – 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
.2 contributions, assessments or taxes incurred for such items as employment insurance, provincial or territorial
health insurance, workers' compensation, and Canada or Quebec Pension Plan, insofar as such cost is based on
wages, salaries or other remuneration paid to employees of the Subcontractor and included in the cost of the
Subcontract Work as provided in paragraph 6.3.7.1;
.3 travel and subsistence expenses of the Subcontractor's personnel described in paragraph 6.3.7.1;
.4 all Products including cost of transportation thereof;
.5 materials, supplies, Construction Equipment, Temporary Work, and hand tools not owned by the workers,
including transportation and maintenance thereof, which are consumed in the performance of the Subcontract
Work; and cost less salvage value on such items used but not consumed, which remain the property of the
Subcontractor;
.6 all tools and Construction Equipment, exclusive of hand tools used in the performance of the Subcontract Work,
whether rented from or provided by the Subcontractor or others, including installation, minor repairs and
replacements, dismantling, removal, transportation, and delivery cost thereof;
.7 equipment and services required for the Subcontractor’s field office;
.8 deposits lost;
.9 the amounts of all sub-subcontracts;
.10 quality assurance such as independent inspection and testing services;
.11 charges levied by authorities having jurisdiction at the Place of the Work;
.12 royalties, patent license fees and damages for infringement of patents and cost of defending suits therefor subject
always to the Subcontractor's obligations to indemnify the Contractor as provided in paragraph 10.3.1 of SCC
10.3 – PATENT FEES;
.13 any adjustment in premiums for all bonds and insurance which the Subcontractor is required, by the Subcontract
Documents, to purchase and maintain;
.14 any adjustment in taxes, other than Value Added Taxes, and duties for which the Subcontractor is liable;
.15 charges for long distance telephone and facsimile communications, courier services, expressage, and petty cash
items incurred in relation to the performance of the Subcontract Work;
.16 removal and disposal of waste products and debris; and
.17 safety measures and requirements.
6.3.8 Notwithstanding any other provisions contained in this Subcontract, 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 Subcontractor to exercise reasonable care and diligence in the Subcontractor’s attention to the Subcontract Work.
Any cost due to failure on the part of the Subcontractor to exercise reasonable care and diligence in the
Subcontractor’s attention to the Subcontract Work shall be borne by the Subcontractor.
6.3.9 The Subcontractor shall keep full and detailed accounts and records necessary for the documentation of the cost of
performing the Subcontract Work attributable to the Change Directive and shall provide the Contractor with copies
thereof when requested.
6.3.10 For the purpose of valuing Change Directives, the Contractor shall be afforded reasonable access to all of the
Subcontractor’s pertinent documents related to the cost of performing the Subcontract Work attributable to the
Change Directive, and for this purpose the Subcontractor shall preserve such records for a period of one year from the
date of Substantial Performance of the Work or as specified in the Subcontract Documents.
6.3.11 Pending determination of the final amount of a Change Directive, the undisputed value of the Subcontract Work
performed as the result of a Change Directive is eligible to be included in progress payments.
6.3.12 If the Contractor and Subcontractor do not agree on the proposed adjustment in the Subcontract Time attributable to
the change in the Subcontract Work, or the method of determining it, the disagreement shall be referred to Part 8 of
the Subcontract Conditions – DISPUTE RESOLUTION.
6.3.13 When the Contractor and the Subcontractor reach agreement on the adjustment to the Subcontract Price and to the
Subcontract Time, this agreement shall be recorded in a Change Order.

SCC 6.4 CONCEALED OR UNKNOWN CONDITIONS

6.4.1 If the Contractor or the Subcontractor discover conditions at the Place of the Work which are:
.1 subsurface or otherwise concealed physical conditions which existed before the commencement of the
Subcontract Work which differ materially from those indicated in the Subcontract Documents; or
CCA 1 – 2008 17

SCC 6.5 DELAYS

6.5.1 If the Subcontractor is delayed in the performance of the Subcontract Work by an action or omission of the Owner,
Consultant, Contractor, or anyone employed or engaged by them directly or indirectly, contrary to the provisions of
the Subcontract Documents, then the Subcontract Time shall be extended for such reasonable time as the Contractor
and Subcontractor shall agree that the Subcontract Work was delayed. The Subcontractor shall be reimbursed by the
Contractor for reasonable costs incurred by the Subcontractor as a result of such delay.
6.5.2 If the Subcontractor is delayed in the performance of the Subcontract 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 Subcontractor
or any person employed or engaged by the Subcontractor directly or indirectly, then the Subcontract Time shall be
extended for such reasonable time as the Contractor and Subcontractor shall agree that the Subcontract Work was
delayed. The Subcontractor shall be reimbursed by the Contractor for reasonable costs incurred by the Subcontractor
as a result of such delay.
6.5.3 If the Subcontractor is delayed in the performance of the Subcontract 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 Subcontractor is a member or to which the Subcontractor is otherwise
bound),
.2 fire, unusual delay by common carriers or unavoidable casualties,
.3 abnormally adverse weather conditions, or
.4 any cause beyond the Subcontractor’s control other than one resulting from a default or breach of Subcontract by
the Subcontractor,
then the Subcontract Time shall be extended for such reasonable time as the Contractor and Subcontractor shall agree
that the Subcontract Work was delayed. The extension of time shall not be less than the time lost as the result of the
event causing the delay, unless the Subcontractor agrees to a shorter extension. The Subcontractor shall not be
entitled to payment for costs incurred by such delays unless such delays result from actions by the Owner, Consultant,
Contractor, 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 Contractor not later
than 7 Working Days after commencement of 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 SCC 2.1 – SUPPLEMENTAL INSTRUCTIONS, then no request for extension shall be
made because of failure of the Contractor to furnish instructions until 14 Working Days after demand for such
instructions has been made.

SCC 6.6 CLAIMS FOR A CHANGE IN SUBCONTRACT PRICE

6.6.1 If the Subcontractor intends to make a claim for an increase to the Subcontract Price, or if the Contractor intends to
make a claim against the Subcontractor for a credit to the Subcontract Price, the party that intends to make the claim
shall give timely Notice in Writing of intent to claim to the other party.
18 CCA 1 – 2008
Note: This contract is protected by copyright. Use of a CCA 1 document not containing a CCA 1 copyright seal constitutes an infringement of copyright.
Only sign this contract if the document cover page bears a CCA 1 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCA 1 – 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
6.6.2 Upon commencement of the event or series of events giving rise to the claim, the party intending to make a 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 other party a detailed account of the amount
claimed and the grounds upon which the claim is based.
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 other party 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 responding party shall reply by Notice in Writing within 10 Working Days after receipt of the claim, or within
such other time period as may be agreed by the parties.
6.6.6 If such reply is not acceptable to the party making the claim, the claim shall be settled in accordance with Part 8 of the
Subcontract Conditions - DISPUTE RESOLUTION.

PART 7 DEFAULT NOTICE

SCC 7.1 CONTRACTOR'S RIGHT TO PERFORM THE SUBCONTRACT WORK, TERMINATE THE
SUBCONTRACTOR’S RIGHT TO CONTINUE WITH THE SUBCONTRACT WORK OR TERMINATE
THE SUBCONTRACT
7.1.1 If the Subcontractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors because of the
Subcontractor's insolvency, or if a receiver is appointed because of the Subcontractor’s insolvency, the Contractor
may, without prejudice to any other right or remedy the Contractor may have, terminate the Subcontractor's right to
continue with the Subcontract Work, by giving the Subcontractor or receiver or trustee in bankruptcy Notice in
Writing to that effect.
7.1.2 If the Subcontractor neglects to prosecute the Subcontract Work properly or otherwise fails to comply with the
requirements of the Subcontract to a substantial degree, the Contractor may, without prejudice to any other right or
remedy the Contractor may have, give the Subcontractor Notice in Writing that the Subcontractor is in default of the
Subcontractor's contractual obligations and instruct the Subcontractor to correct the default in 3 Working Days
immediately following the receipt of such Notice in Writing.
7.1.3 If the default cannot be corrected in the 3 Working Days specified or in such other time period as may be subsequently
agreed in writing by the parties, the Subcontractor shall be in compliance with the Contractor's instructions if the
Subcontractor:
.1 commences the correction of the default within the specified time, and
.2 provides the Contractor within the 3 Working Days with an acceptable schedule for such correction, and
.3 corrects the default in accordance with the Subcontract terms and with such schedule.
7.1.4 If the Subcontractor 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 Contractor may have,
the Contractor may:
.1 correct such default and deduct the cost thereof from any payment then or thereafter due the Subcontractor, or
.2 terminate the Subcontractor's right to continue with the Subcontract Work in whole or in part or terminate the
Subcontract.
7.1.5 If the Contractor terminates the Subcontractor's right to continue with the Subcontract Work as provided in
paragraphs 7.1.1 and 7.1.4, the Contractor shall be entitled to:
.1 take possession of the Subcontract 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 Subcontract Work by whatever
method the Contractor may consider expedient, but without undue delay or expense; and
.2 withhold further payment to the Subcontractor until a final certificate for payment is issued; and

CCA 1 – 2008 19

SCC 7.2 SUBCONTRACTOR'S RIGHT TO SUSPEND THE SUBCONTRACT WORK OR TERMINATE THE
SUBCONTRACT
7.2.1 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 Subcontractor may,
without prejudice to any other right or remedy the Subcontractor may have, terminate the Subcontract by giving the
Contractor or receiver or trustee in bankruptcy Notice in Writing to that effect.
7.2.2 If the Work should be 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
Subcontractor or of anyone directly or indirectly employed or engaged by the Subcontractor, the Subcontractor may,
without prejudice to any other right or remedy the Subcontractor may have, terminate the Subcontract by giving the
Contractor Notice in Writing to that effect.
7.2.3 The Subcontractor may give Notice in Writing to the Contractor that the Contractor is in default of the Contractor's
contractual obligations if the Contractor fails to pay the Subcontractor in accordance with the time for payment stated
in Article 6 of the Subcontract Agreement – PAYMENT.
7.2.4 The Subcontractor's Notice in Writing to the Contractor 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 Subcontractor may, without
prejudice to any other right or remedy the Subcontractor may have, suspend the Subcontract Work or terminate the
Subcontract.
7.2.5 If the Subcontractor terminates the Subcontract under the conditions set out above, the Subcontractor 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 Subcontractor may have sustained as a result of the termination of the
Subcontract.
7.2.6 If the Prime Contract is terminated for any reason, either the Contractor or the Subcontractor may terminate this
Subcontract upon Notice in Writing to the other party. Thereafter the respective rights of the parties shall be as if the
Subcontractor had terminated under any of the above conditions.

PART 8 DISPUTE RESOLUTION

SCC 8.1 INTERPRETATION AND INSTRUCTION OF THE CONTRACTOR

8.1.1 The Contractor, in the first instance, shall decide on questions arising under the Subcontract and interpret the
requirements therein. Such decisions shall be given in writing. The Contractor shall use the Contractor's powers
under the Subcontract to enforce its faithful performance by both parties hereto.
8.1.2 Differences between the parties to the Subcontract as to the interpretation, application or administration of the
Subcontract or any failure to agree where agreement between the parties is called for, herein collectively called
disputes, which are not resolved in the first instance by decisions of the Contractor as provided in paragraph 8.1.1,
shall be settled in accordance with the requirements of Part 8 of the Subcontract Conditions – DISPUTE
RESOLUTION.

20 CCA 1 – 2008
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Only sign this contract if the document cover page bears a CCA 1 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCA 1 – 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
8.1.3 If a dispute is not resolved promptly, the Contractor shall give instructions for the proper performance of the
Subcontract Work and to prevent delays pending settlement of the dispute. The Subcontractor 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 Subcontract
Documents, the Contractor shall pay the Subcontractor costs incurred by the Subcontractor in carrying out such
instructions which the Subcontractor was required to do beyond what the Subcontract Documents correctly
understood and interpreted would have required, including costs resulting from interruption of the Subcontract Work.

SCC 8.2 NEGOTIATION, MEDIATION AND ARBITRATION

8.2.1 The Subcontractor shall be conclusively deemed to have accepted a decision of the Contractor under paragraph 8.1.1
of SCC 8.1 – INTERPRETATION AND INSTRUCTION OF THE CONTRACTOR and to have expressly waived
and released the Contractor from any claims in respect of the particular matter dealt with in that decision unless,
within 7 Working Days after receipt of that decision, the Subcontractor sends a Notice in Writing of dispute to the
Contractor, which contains the particulars of the matter in dispute and the relevant provisions of the Subcontract
Documents. The Contractor 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 Subcontract
Documents.
8.2.2 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.
8.2.3 After a period of 10 Working Days following receipt of a Contractor's Notice in Writing of reply under paragraph
8.2.1, the parties shall request the Project Mediator of the Work to assist the parties to reach agreement on any
unresolved dispute. The mediated negotiations shall be conducted in accordance with the Rules for Mediation of
Construction Disputes as provided in CCDC 40 in effect of the time of bid closing with the following amendment:
.1 the word "Contract" appearing in the rules shall read "Subcontract";
.2 delete clauses 5.1 to 5.4 and replace them with the following:
"5.1 The Project Mediator shall be the Project Mediator of the Work appointed by the parties to the Prime
Contract"; and
.3 in clause 11.1, delete "GC 8.2.5" and substitute "SCC 8.2.4".
8.2.4 If the dispute has not been resolved within 10 Working Days after the Project Mediator was requested under paragraph
8.2.3 or within such further period agreed by the parties, the Project Mediator shall terminate the mediated
negotiations by giving Notice in Writing to both parties.
8.2.5 By giving a Notice in Writing to the other party, not later than 10 Working Days after the date of termination of the
mediated negotiations under paragraph 8.2.4, either party may refer the dispute to be finally resolved by arbitration
under the Rules of Arbitration of Construction Disputes as provided in CCDC 40 in effect of the time of bid closing
with the following amendment:
.1 the word "Contract" appearing in the rules shall read "Subcontract"; and
.2 delete clause 7.1 (b) and replace it with the following:
"7.1 (b) the date the Work has been completed or the Subcontract has been terminated.".
The arbitration shall be conducted in the jurisdiction of the Place of the Work.
8.2.6 On expiration of the 10 Working Days, the arbitration agreement under paragraph 8.2.5 is not binding on the parties
and, if a Notice in Writing is not given under paragraph 8.2.5 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.
8.2.7 Should the dispute be as between the Contractor and Subcontractor only, arbitration proceedings shall not take place,
unless otherwise agreed by the parties, until after the performance or alleged performance of the Subcontract Work
except:
.1 when the dispute concerns a payment alleged by the Subcontractor to be due; or
.2 when either party can show that the matter in dispute requires immediate consideration while evidence which
would otherwise be lost is available.
8.2.8 In all other instances, the resolution of the dispute by arbitration shall be held in abeyance until the Work has been
completed or the Subcontract has been terminated, whichever is earlier.

CCA 1 – 2008 21

SCC 8.3 RETENTION OF RIGHTS

8.3.1 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 Notices in Writing required under Part 8 of the Subcontract Conditions – DISPUTE
RESOLUTION and has carried out the instructions as provided in paragraph 8.1.3 of SCC 8.1 – INTERPRETATION
AND INSTRUCTION OF THE CONTRACTOR.
8.3.2 Nothing in Part 8 of the Subcontract 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 8.2.5 of SCC 8.2 – 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

SCC 9.1 PROTECTION OF WORK AND PROPERTY

9.1.1 The Subcontractor shall protect the Subcontract Work and shall take all reasonable precautions to protect the Work
and property of others during the performance of the Subcontract Work.
9.1.2 Before commencing any work, the Subcontractor shall determine the location of all underground utilities and
structures indicated in the Subcontract Documents or that are reasonably apparent in an inspection of the Place of the
Work.
9.1.3 The Contractor shall be responsible for the overall protection of the Work. If the Subcontract Work or others' work is
damaged, the Contractor shall assess the responsibility for, extent of and value of such damage and the affected
parties shall accept such assessment or process it as a dispute in accordance with Part 8 of the Subcontract Conditions
– DISPUTE RESOLUTION.

SCC 9.2 TOXIC AND HAZARDOUS SUBSTANCES

9.2.1 If the Subcontractor
.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 Subcontractor or anyone for whom the Subcontractor is
responsible and which were not disclosed in the Subcontract Documents or which were disclosed but have not been
dealt with by the Contractor or Owner in accordance with applicable legislation related to toxic and hazardous
substances, the Subcontractor shall
.3 take all reasonable steps, including stopping the Subcontract 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 Contractor in writing.
9.2.2 If the Contractor and Subcontractor 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 Subcontractor or anyone for whom the Subcontractor is
responsible, the Contractor shall retain and pay for an independent qualified expert to investigate and determine such
matters. The expert’s report shall be delivered to the Contractor and the Subcontractor.
22 CCA 1 – 2008
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Only sign this contract if the document cover page bears a CCA 1 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCA 1 – 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
9.2.3 If the Contractor and Subcontractor agree or if the expert referred to paragraph 9.2.2 determines that the toxic or
hazardous substances were not brought onto the Place of the Work by the Subcontractor or anyone for whom the
Subcontractor is responsible, the Contractor shall promptly at no cost to the Subcontractor:
.1 take all reasonable and necessary steps, in accordance with applicable legislation in force at the Place of the
Work, to dispose of, store or otherwise render harmless toxic or hazardous substances which were present at the
Place of the Work;
.2 reimburse the Subcontractor for the costs of all steps taken pursuant to paragraph 9.2.1;
.3 extend the Subcontract Time for such reasonable time in consultation with the Subcontractor and the expert
referred to in 9.2.2 and reimburse the Subcontractor for reasonable costs incurred as a result of the delay; and
.4 indemnify the Subcontractor as required by paragraph SCC 12.1 – INDEMNIFICATION.
9.2.4 If the Contractor and Subcontractor agree or if the expert referred to in paragraph 9.2.2 determines that the toxic or
hazardous substances were brought onto the place of the Work by the Subcontractor or anyone for whom the
Subcontractor is responsible, the Subcontractor shall promptly at the Subcontractor’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 Subcontract Work;
.3 reimburse the Contractor for reasonable costs incurred in making 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 SCC 9.1 –
PROTECTION OF WORK AND PROPERTY;
.4 reimburse the Contractor for reasonable costs incurred under paragraph 9.2.2; and
.5 indemnify the Contractor as required by SCC 12.1 - INDEMNIFICATION.
9.2.5 If either party does not accept the expert’s findings under paragraph 9.2.2, the disagreement shall be settled in
accordance with Part 8 of the Subcontract 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 9.2.3 or 9.2.4 it being understood that by so doing, neither party will jeopardize any claim that
party may have to be reimbursed as provided by SCC 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 of the Work shall, as between the Contractor and the Subcontractor, be deemed to be the
absolute property of the Contractor.
9.3.2 The Subcontractor shall take all reasonable precautions to prevent removal or damage to discoveries as identified in
paragraph 9.3.1, and shall advise the Contractor upon discovery of such items.
9.3.3 The Contractor shall investigate the impact on the Subcontract Work of the discoveries identified in paragraph 9.3.1.
If conditions are found that would cause an increase or decrease in the Subcontractor’s cost or time to perform the
Subcontract Work, the Contractor shall issue appropriate instructions for a change in the Subcontract Work as
provided in SCC 6.2 - CHANGE ORDER or SCC 6.3 CHANGE DIRECTIVE.

SCC 9.4 CONSTRUCTION SAFETY

9.4.1 The Subcontractor shall respect and comply with:
.1 the rules, regulations and practices required by the applicable construction health and safety legislation, and
.2 all safety precautions and programs of the Contractor.

SCC 9.5 MOULD

9.5.1 If the Contractor or Subcontractor observes or reasonably suspects the presence of mould at the Place of the Work,
the remediation of which is not expressly part of the Subcontract Work,
.1 the observing party shall promptly report the circumstances to the other party in writing, and
.2 the Contractor and the Subcontractor shall promptly take all reasonable steps, including stopping the Subcontract
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

CCA 1 – 2008 23

PART 10 GOVERNING REGULATIONS

SCC 10.1 TAXES AND DUTIES

10.1.1 The Subcontract 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 Contractor to the Subcontractor as stipulated in Article 5 of the Subcontract
Agreement – SUBCONTRACT PRICE.
10.1.2 Any increase or decrease in costs to the Subcontractor due to changes in such included taxes and duties after the time
of the bid closing shall increase or decrease the Subcontract Price accordingly.

SCC 10.2 LAWS, NOTICES, PERMITS, AND FEES

10.2.1 The laws of the Place of the Work shall govern the Subcontract Work.
10.2.2 The Owner or the Contractor 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 Subcontract Documents specify as the responsibility of the Subcontractor.
10.2.3 The Subcontractor shall be responsible for the procurement of permits, licences, inspections, and certificates, which
are necessary for the performance of the Subcontract Work and customarily obtained by subcontractors in the
jurisdiction of the Place of the Work after the issuance of the building permit. The Subcontract Price includes the cost
of these permits, licences, inspections, and certificates, and their procurement.
10.2.4 The Subcontractor 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 Subcontract Work and which relate to the Subcontract
Work, to the preservation of the public health, and to construction safety.

24 CCA 1 – 2008
Note: This contract is protected by copyright. Use of a CCA 1 document not containing a CCA 1 copyright seal constitutes an infringement of copyright.
Only sign this contract if the document cover page bears a CCA 1 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCA 1 – 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
10.2.5 The Subcontractor shall not be responsible for verifying that the Subcontract Documents are in compliance with the
applicable laws, ordinances, rules, regulations, or codes relating to the Subcontract Work. If the Subcontract
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 Subcontract Documents, the
Subcontractor shall advise the Contractor in writing requesting direction immediately upon such variance or change
becoming known. The Contractor will make the changes required to the Subcontract Documents as provided in SCC
6.1 – CONTRACTOR’S RIGHT TO MAKE CHANGES, SCC 6.2 – CHANGE ORDER, and SCC 6.3 – CHANGE
DIRECTIVE.
10.2.6 If the Subcontractor fails to advise the Contractor in writing; and 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
Subcontractor shall be responsible for 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 Subcontract Work, either party may submit a claim in
accordance with the requirements of SCC 6.6 – CLAIMS FOR A CHANGE IN SUBCONTRACT PRICE.

SCC 10.3 PATENT FEES

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

SCC 10.4 WORKERS' COMPENSATION

10.4.1 At any time during the term of the Subcontract, when requested by the Contractor, the Subcontractor shall provide
such evidence of compliance by the Subcontractor and Sub-Subcontractors with workers' compensation legislation,
including payments due thereunder.

PART 11 INSURANCE AND CONTRACT SECURITY

SCC 11.1 INSURANCE

11.1.1 Without restricting the generality of SCC 12.1 – INDEMNIFICATION, the Subcontractor shall provide, maintain and
pay for the following insurance coverages, the minimum 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 Subcontractor and include, or in the case of a single, blanket policy,
be endorsed to name, the Contractor as insured but only with respect to liability, other than legal liability arising
out of their sole negligence, arising out of the operations of the Subcontractor with regard to the Subcontract
Work. General liability insurance shall be maintained from the date of commencement of the Subcontract Work
until one year from the date of Substantial Performance of the Work. Liability coverage shall be provided for
completed operations hazards from the date of Substantial Performance of the Work, as set out in the certificate
of Substantial Performance of the Work, on an ongoing basis for a period of 6 years following Substantial
Performance of the Work.
.2 Automobile Liability Insurance from the date of commencement of the Subcontract Work until one year after the
date of Substantial Performance of the Work.
.3 Aircraft or Watercraft Liability Insurance when owned or non-owned aircraft or watercraft are used directly or
indirectly in the performance of the Subcontract Work.

CCA 1 – 2008 25

Note: This contract is protected by copyright. Use of a CCA 1 document not containing a CCA 1 copyright seal constitutes an infringement of copyright.
Only sign this contract if the document cover page bears a CCA 1 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCA 1 – 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
.4 Boiler and machinery insurance in the joint names of the Subcontractor, the Contractor, the Owner, and the
Consultant. 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 Substantial Performance
of the Work.
.5 Contractors' Equipment Insurance from the date of commencement of the Subcontract Work until one year after
the date of Substantial Performance of the Work.
11.1.2 The Contractor shall provide, maintain and pay for "Broad form" property insurance in the joint names of the
Contractor, the Owner and the Consultant. The policy shall include the Subcontractor as insured. The “Broad form”
property insurance shall be provided from the date of commencement of the Subcontract Work until the earliest of:
.1 10 calendar days after the date of Substantial Performance of the Work;
.2 on the commencement of use or occupancy of any part or section of 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;
.3 when left unattended for more than 30 consecutive calendar days or when construction activity has ceased for
more than 30 consecutive calendar days.
11.1.3 The “Broad form” property policy shall provide that, in the case of a loss or damage, payment shall be made to the
Contractor and the Subcontractor as their respective interests may appear. In the event of loss or damage:
.1 the Contractor shall act on behalf of the Subcontractor 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 Subcontractor shall
proceed to restore the Subcontract Work. Loss or damage shall not affect the rights and obligations of either party
under the Subcontract except that the Subcontractor shall be entitled to a reasonable extension of Subcontract
Time agreed between the Contractor and the Subcontractor in consideration of the extent of the loss or damage;
.2 the Subcontractor shall be entitled to receive from the Contractor, in addition to the amount due under the
Subcontract, the amount which the Contractor's interest in restoration of the Subcontract Work has been
appraised, such amount to be paid as the restoration of the Subcontract Work proceeds in accordance with the
progress payment provisions. In addition the Subcontractor shall be entitled to receive from the payments made
by the insurer the amount of the Subcontractor's interest in the restoration of the Subcontract Work; and
.3 to the Subcontract Work arising from the work of the Contractor, the Contractor's own forces, or another
contractor, the Contractor shall, in accordance with the Contractor's obligations under the provisions relating to
construction by the Contractor or other contractors, pay the Subcontractor the cost of restoring the Subcontract
Work as the restoration of the Subcontract Work proceeds and as in accordance with the progress payment
provisions.
11.1.4 Prior to commencement of the Subcontract Work and upon the placement, renewal, amendment, or extension of all or
any part of the insurance, the Subcontractor shall promptly provide the Contractor 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 Subcontract Work.
11.1.5 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
Subcontract.
11.1.6 If the Subcontractor fails to provide or maintain insurance as required by the Subcontract Documents, then the
Contractor shall have the right to provide and maintain such insurance and give evidence to the Subcontractor. The
Subcontractor shall pay the cost thereof to the Contractor on demand or the Contractor may deduct the cost from the
amount which is due or may become due to the Subcontractor.
11.1.7 All required insurance policies shall be with insurers licensed to underwrite insurance in the jurisdiction of the Place
of the Work.
11.1.8 If a revised version of CCDC 41 – CCDC INSURANCE REQUIREMENTS is published, which specifies reduced
insurance requirements, the parties shall address such reduction, prior to the Subcontractor’s insurance policy
becoming due for renewal, and record any agreement in a Change Order.
11.1.9 If a revised version of CCDC 41 – CCDC INSURANCE REQUIREMENTS is published, which specifies increased
insurance requirements, the Contractor may request the increased coverage from the Subcontractor by way of a
Change Order.
11.1.10 A Change Directive shall not be used to direct a change in the insurance requirements in response to the revision of
CCDC 41 – CCDC INSURANCE REQUIREMENTS.
26 CCA 1 – 2008
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Only sign this contract if the document cover page bears a CCA 1 copyright seal to demonstrate that it is intended by the parties to be an accurate and
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SCC 11.2 CONTRACT SECURITY
11.2.1 The Subcontractor shall provide and maintain in good standing until the fulfilment of the Subcontract the contract
security required at the time of bidding or mutually agreed upon prior to signing this Subcontract.
11.2.2 The Contractor shall, at the request of the Subcontractor, furnish evidence that contract security has been provided in
accordance with the Prime Contract.

PART 12 INDEMNIFICATION, WAIVER OF CLAIMS AND WARRANTY

SCC 12.1 INDEMNIFICATION

12.1.1 Without restricting the parties’ obligation to indemnify as described in paragraphs 12.1.4 and 12.1.5, the Contractor
and the Subcontractor 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 Subcontract,
provided such claims are:
.1 caused by:
(a) the negligent acts or omissions of the party from whom indemnification is sought or anyone for whose acts or
omissions that party is liable, or
(b) a failure of the party to the Subcontract from whom indemnification is sought to fulfil its terms or conditions;
and
.2 made in writing within a period of 6 years from the date of Substantial Performance of the Work as set out in the
certificate of Substantial Performance of the Work, 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 Subcontract.
12.1.2 The obligation of either party to indemnify as set forth in paragraph 12.1.1 shall be limited as follows:
.1 In respect to losses suffered by the Contractor and the Subcontractor for which insurance is to be provided by
either party pursuant to SCC 11.1 – INSURANCE, the general liability insurance limit for one occurrence as
referred to in CCDC 41 – CCDC INSURANCE REQUIREMENTS in effect at the time of bid closing.
.2 In respect to losses suffered by the Contractor and the Subcontractor for which insurance is not required to be
provided by either party in accordance with SCC 11.1 – INSURANCE, the greater of the Prime Contract price or
$2,000,000, but in no event shall the sum be greater than $20,000,000.
.3 In respect to claims by third party for direct loss resulting from bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property, the obligation to indemnify is without limit. In respect to all other
claims for indemnity as a result of claims advanced by third parties, the limits of indemnify set forth in
paragraphs 12.1.2.1 and 12.1.2.2. shall apply.
12.1.3 The obligation of either party to indemnify the other as set forth in paragraphs 12.1.1 and 12.1.2 shall be inclusive of
interest and all legal costs.
12.1.4 The Contractor and the Subcontractor 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 SCC 9.2 –
TOXIC AND HAZARDOUS SUBSTANCES.
12.1.5 The Contractor shall indemnify and hold harmless the Subcontractor from and against all claims, demands, losses,
costs, damages, actions, suits, or proceedings:
.1 as described in paragraph 10.3.2 of SCC 10.3 – PATENT FEES, and
.2 arising out of the Subcontractor's performance of the Subcontract 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.
12.1.6 In respect to any claim for indemnity or to be held harmless by the Contractor or the Subcontractor:
.1 Notice in Writing of such claim shall be given within a reasonable time after the facts upon which such claim is
based became known;
.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.

CCA 1 – 2008 27

Note: This contract is protected by copyright. Use of a CCA 1 document not containing a CCA 1 copyright seal constitutes an infringement of copyright.
Only sign this contract if the document cover page bears a CCA 1 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCA 1 – 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
SCC 12.2 WAIVER OF CLAIMS
12.2.1 Subject to any lien legislation applicable to the Place of the Work, as of the 10th calendar day before the expiry of the
lien period provided by the lien legislation applicable at the Place of the Work, the Subcontractor waives and releases
the Contractor from all claims which the Subcontractor has or reasonably ought to have knowledge of that could be
advanced by the Subcontractor against the Contractor arising from the Subcontractor’s involvement in the
Subcontract Work, 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 date of Substantial
Performance of the Work, except as follows:
.1 claims arising prior to or on the date of Substantial Performance of the Work for which Notice in Writing of claim
has been received by the Contractor from the Subcontractor no later than the 11th calendar day before the expiry
of the lien period provided by the lien legislation applicable at the Place of the Work;
.2 indemnification for claims advanced against the Subcontractor by third parties for which a right of
indemnification may be asserted by the Subcontractor against the Contractor pursuant to the provisions of this
Subcontract;
.3 claims for which a right of indemnity could be asserted by the Subcontractor pursuant to the provisions of
paragraphs 12.1.4 or 12.1.5 of SCC 12.1 – INDEMNIFICATION; and
.4 claims resulting from acts or omissions which occur after the date of Substantial Performance of the Work.
12.2.2 The Subcontractor waives and releases the Contractor from all claims referenced in paragraph 12.2.1.4 except for
those referred in paragraphs 12.2.1.2 and 12.2.1.3 and claims for which Notice in Writing of claim has been received
by the Contractor from the Subcontractor within 390 calendar days following the date of Substantial Performance of
the Work.
12.2.3 Subject to any lien legislation applicable to the Place of the Work, as of the 10th calendar day before the expiry of the
lien period provided by the lien legislation applicable at the Place of the Work, the Contractor waives and releases the
Subcontractor from all claims which the Contractor has or reasonably ought to have knowledge of that could be
advanced by the Contractor against the Subcontractor arising from the Contractor’s involvement in the Subcontract
Work, 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 date of Substantial Performance of the
Work, except as follows:
.1 claims arising prior to or on the date of Substantial Performance of the Work for which Notice in Writing of claim
has been received by the Subcontractor from the Contractor no later than the 11th calendar day before the expiry
of the lien period provided by the lien legislation applicable at the Place of the Work;
.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 Subcontractor pursuant to the provisions of this Contract;
.3 claims for which a right of indemnity could be asserted by the Contractor against the Subcontractor pursuant to
the provisions of paragraph 12.1.4 of SCC 12.1 - INDEMNIFICATION;
.4 damages arising from the Subcontractor’s actions which result in substantial defects or deficiencies in the
Subcontract Work. “Substantial defects or deficiencies” mean those defects or deficiencies in the Subcontract
Work which affect the Subcontract 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 SCC 12.3 - WARRANTY; and
.6 claims arising from acts or omissions which occur after the date of Substantial Performance of the Work.
12.2.4 The Contractor waives and releases the Subcontractor from all claims referred to in paragraph 12.2.3.4 except claims
for which Notice in Writing of claim has been received by the Subcontractor from the Contractor within a period of 6
years from the date of Substantial Performance of the Work should 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,
within such shorter period as may be prescribed by:
.1 any limitation statute of the Province or Territory of the Place of the Work; or
.2 if the Place of the Work is the Province of Quebec, then Article 2118 of the Civil Code of Quebec.
12.2.5 The Contractor waives and releases the Subcontractor from all claims referenced in paragraph 12.2.3.6 except for
those referred in paragraph 12.2.3.2, 12.2.3.3 and those arising under SCC 12.3 – WARRANTY and claims for which
Notice in Writing has been received by the Subcontractor from the Contractor within 390 calendar days following the
date of Substantial Performance of the Work.

28 CCA 1 – 2008
Note: This contract is protected by copyright. Use of a CCA 1 document not containing a CCA 1 copyright seal constitutes an infringement of copyright.
Only sign this contract if the document cover page bears a CCA 1 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCA 1 – 2008 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
12.2.6 “Notice in Writing of claim” as provided for in SCC 12.2 – WAIVER OF CLAIMS to preserve a claim or right of
action which would otherwise, by the provisions of SCC 12.2 – WAIVER OF CLAIMS, be deemed to be waived,
must include the following:
.1 a clear and unequivocal statement of the 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.
12.2.7 The party giving “Notice in Writing of claim” as provided for in SCC 12.2 – WAIVER OF CLAIMS shall submit
within a reasonable time a detailed account of the amount claimed.
12.2.8 Where the event or series of events giving rise to a claim made under paragraphs 12.2.1 or 12.2.3 has a continuing
effect, the detailed account submitted under paragraph 12.2.7 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 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.
12.2.9 If a Notice in Writing of claim pursuant to paragraph 12.2.1.1 is received on the twelfth or eleventh calendar day
before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work, the period
within which Notice in Writing of claim shall be received pursuant to paragraph 12.2.3.1 shall be extended to two
calendar days before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work.
12.2.10 If a Notice in Writing of claim pursuant to paragraph 12.2.3.1 is received on the twelve or eleventh calendar day
before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work, the period
within which Notice in Writing of claim shall be received pursuant to paragraph 12.2.1.1 shall be extended to two
calendar days before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work.

SCC 12.3 WARRANTY

12.3.1 Except for extended warranties as described in paragraph 12.3.6, the warranty period under this Subcontract is one
year from the date of Substantial Performance of the Work.
12.3.2 The Subcontractor shall be responsible for the proper performance of the Subcontract Work to the extent that the
design and Subcontract Documents permit such performance.
12.3.3 The Contractor shall promptly give the Subcontractor 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 Subcontractor shall correct promptly, at the Subcontractor's expense, defects or
deficiencies in the Subcontract Work which appear prior to and during the one year warranty period.
12.3.5 The Subcontractor 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 Subcontract Documents. Extended warranties shall be issued by the warrantor to the benefit of the
Owner. The Subcontractor’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.

CCA 1 – 2008 29

ARTICLES OF AGREEMENT Part 1 General Provisions

A-1 The Services GC 1.1 Contract Documents

A-2 Agreements and Amendments GC 1.2 Law of the Contract
A-3 Description of the Project GC 1.3 Rights and Remedies
A-4 Contract Documents GC 1.4 Assignment
A-5 Compensation for Services GC 1.5 Project Representatives
A-6 Payment
A-7 Receipt of and Addresses for Notices in Writing Part 2 Construction Manager’s Responsibilities
A-8 Language of the Contract
A-9 Succession GC 2.1 Services

SCHEDULES Part 3 Owner’s Responsibilities

A1 Services and Compensation GC 3.1 Provision of Information and Obligations

A2 Reimbursable Expenses Applicable to Schedule A1
B1 Additional Services and Compensation Part 4 Payment
B2 Reimbursable Expenses Applicable to Schedule B1
C Time-Based Rates for Personnel Employed by the GC 4.1 Applications for Payment
Construction Manager GC 4.2 Payment

DEFINITIONS Part 5 Changes

Class A Construction Cost Estimate GC 5.1 Changes to the Project

Class B Construction Cost Estimate GC 5.2 Changes in Services
Class C Construction Cost Estimate
Class D Construction Cost Estimate Part 6 Default Notice
Construction Cost
Construction Cost Estimate GC 6.1 Owner’s Right to Terminate the Contract
Construction Documents GC 6.2 Construction Manager’s Right to Terminate the
Construction Manager Contract
Consultant
Contract Part 7 Dispute Resolution
Contract Documents
Contract Time GC 7.1 Negotiation, Mediation and Arbitration
Notice in Writing
Owner Part 8 Insurance
Payment Certifier
Place of the Project GC 8.1 Insurance
Project
Project In-Use Date Part 9 Indemnification and Waiver of Claims
Services
Substantial Performance of Work GC 9.1 Indemnification
Supplier GC 9.2 Waiver of Claims
Temporary Work
Trade Contractor
Value Added Taxes CCDC 5A is the product of a consensus-building process aimed at
balancing the interests of all parties on the construction project. It
Work reflects recommended industry practices. CCDC 5A can have important
Working Day consequences. 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 the use or interpretation of CCDC 5A.
AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER – FOR SERVICES

This agreement made on the day of in the year

by and between

hereinafter called the Owner

and

hereinafter called the Construction Manager

The Owner and Construction Manager agree as follows:

ARTICLE A-1 THE SERVICES

The Construction Manager shall

1.1 perform the Services for

[ Name of the Project ]

insert above the title of the Project

located at

insert above the Place of the Project

and as further described in Article A-3 – DESCRIPTION OF THE PROJECT, for which the Agreement has been signed

by the parties, and for which

insert above 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 Services by the _____ day of __________________________ in the year _____ and continue in
accordance with any schedule provided in Article A-3 – DESCRIPTION OF THE PROJECT. The Construction
Manager’s obligation to provide Services shall end no later than one year after the Project In-Use Date.

ARTICLE A-2 AGREEMENTS AND AMENDMENTS

2.1 This Contract supersedes all prior negotiations, representations or agreements, either written or oral, relating in any
manner to the Services.
2.2 This Contract may be amended as provided in the Contract Documents.

CCDC 5A – 2010 1
Note: This contract is protected by copyright. Use of a CCDC 5A document not containing a CCDC 5A copyright seal constitutes an infringement of copyright. Only
sign this contract if the document cover page bears a CCDC 5A copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5A – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
ARTICLE A-3 DESCRIPTION OF THE PROJECT
3.1 The following is a description of the Project including intended use, scope, budget, schedule, phases if applicable, the
anticipated Project In-Use Date, and any other information which further generally describes the nature of the Project:

2 CCDC 5A – 2010
Note: This contract is protected by copyright. Use of a CCDC 5A document not containing a CCDC 5A copyright seal constitutes an infringement of copyright. Only
sign this contract if the document cover page bears a CCDC 5A copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5A – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
ARTICLE A-4 CONTRACT DOCUMENTS
4.1 The following are the Contract Documents referred to in Article A-1 of the Agreement – THE SERVICES:
• the Agreement Between Owner and Construction Manager (including the Schedules to the Agreement)
• the Definitions
• the General Conditions
*

* (Insert here, attaching additional pages if required, a list identifying all other Contract Documents)

CCDC 5A – 2010 3
Note: This contract is protected by copyright. Use of a CCDC 5A document not containing a CCDC 5A copyright seal constitutes an infringement of copyright. Only
sign this contract if the document cover page bears a CCDC 5A copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5A – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
ARTICLE A-5 COMPENSATION FOR SERVICES
5.1 The Construction Manager’s compensation shall be equal to the sum of the Construction Manager’s fee as specified in
paragraph 5.2 and the reimbursable expenses as described in paragraph 5.3.
5.2 The Construction Manager’s fee is comprised of one or more of the following:
.1* A fixed amount of ; and
.2* A percentage amount of percent ( %) of the Construction Cost. In the event
that the Owner furnishes labour or material below market cost or materials are re-used beyond that anticipated in
the original scope of the Project, the Construction Cost for purposes of establishing the Construction Manager’s
fee is the cost of all materials and labour necessary to complete the Project as if all materials had been new and as
if all labour had been paid for at market prices at the time of construction or, in the event that the construction
does not proceed, at existing market prices at the anticipated time of construction. Where the actual cost has not
been determined for all or part of the Project, the Construction Cost shall be the Construction Cost Estimate, as
agreed by the Owner and the Construction Manager, at market rates at the anticipated time of construction; and
.3* An amount based on the time-based rates for personnel employed by the Construction Manager as described in
Schedule C to the Agreement and engaged in performing the Services to the level of effort agreed prior to the
commencement of the Services.
* Strike out inapplicable paragraph(s). Reset

5.3 The reimbursable expenses are the actual expenses, supported by receipts or invoices, that the Construction Manager
incurred in performing the Services, and as identified in Schedules A2 and B2 to the Agreement plus the administrative
charge of percent ( %). If there are no receipts or invoices, the
expenses shall be at rates prevailing in the area of the Place of the Project and supported with suitable documentation.
5.4 The Owner may by written request require the Construction Manager to:
.1 provide prior to commencement of the Services an estimate of the total amount of the Construction Manager’s
fee for the Services as described in paragraph 5.2.3;
.2 provide prior to commencement of the Services an estimate of the total amount of the reimbursable expenses as
described in paragraph 5.3 for evaluation and verification purposes; and
.3 inform the Owner in writing prior to incurring reimbursable expenses as described in paragraph 5.3.
5.5 All amounts are in Canadian funds.

ARTICLE A-6 PAYMENT

6.1 Where required by provincial or territorial legislation, payments shall be subject to the lien legislation applicable to the
Place of the Project. The Owner shall pay the Construction Manager:
.1 payments on account of the compensation described in Article A-5 of the Agreement – COMPENSATION FOR
SERVICES together with such Value Added Taxes as may be applicable to such payments, and
.2 upon completion of the Services, the unpaid balance of the compensation together with such Value Added Taxes as
may be applicable to such payments.
6.2 Should the Owner fail to make payments as they become due under the terms of the Contract or in an award by
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.

4 CCDC 5A – 2010
Note: This contract is protected by copyright. Use of a CCDC 5A document not containing a CCDC 5A copyright seal constitutes an infringement of copyright. Only
sign this contract if the document cover page bears a CCDC 5A copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5A – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
ARTICLE A-7 RECEIPT OF AND ADDRESSES FOR NOTICES IN WRITING
7.1 Notices in Writing will be addressed to the recipient at the address set out below.
7.2 The delivery of a Notice in Writing will be by hand, by courier, by prepaid first class mail, or by facsimile or other
form of electronic communication during the transmission of which no indication of failure of receipt is
communicated to the sender.
7.3 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 shall 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 shall be deemed to have been received on the Working Day next following
such day.
7.4 A Notice in Writing sent by facsimile or other form of electronic communication shall 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 shall 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.
7.5 An address for a party may be changed by Notice in Writing setting out the new address delivered to the other party in
accordance with this Article.

Owner

name of Owner*

address

facsimile number email address

Construction Manager

name of Construction Manager*

address

facsimile number email address

* If it is intended that the notice must be received by a specific individual, that individual’s name shall be indicated.

ARTICLE A-8 LANGUAGE OF THE CONTRACT

8.1 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.
8.2 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.
# Complete this statement by striking out inapplicable term.

CCDC 5A – 2010 5
Note: This contract is protected by copyright. Use of a CCDC 5A document not containing a CCDC 5A copyright seal constitutes an infringement of copyright. Only
sign this contract if the document cover page bears a CCDC 5A copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5A – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
ARTICLE A-9 SUCCESSION
9.1 This Contract shall enure to the benefit of and be binding upon the parties hereto, their respective heirs, legal
representatives, successors and assigns.

In witness whereof the parties hereto have executed this Agreement by their respective hands or 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

signature signature

name of person signing name and title of person signing

WITNESS CONSTRUCTION MANAGER

name of Construction Manager

signature signature

name of person signing name and title of person signing

signature signature

name of person signing name and title of person signing

N.B. Where legal jurisdiction, local practice, or Owner or Construction Manager 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.

6 CCDC 5A – 2010
Note: This contract is protected by copyright. Use of a CCDC 5A document not containing a CCDC 5A copyright seal constitutes an infringement of copyright. Only
sign this contract if the document cover page bears a CCDC 5A copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5A – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
SCHEDULE A1 TO THE AGREEMENT – SERVICES AND COMPENSATION

the Construction Manager

1. PRECONSTRUCTION

Performed by the Owner

or Someone Other Than

Construction Manager
(*Note:

Performed by the
F1 Included in the fixed amount as described in paragraph 5.2.1 of Article A-5 – COMPENSATION FOR SERVICES.

Not Applicable
F2 Included in the percentage amount as described in paragraph 5.2.2 of Article A-5 – COMPENSATION FOR SERVICES.

(*F1/F2/F3)
F3 Fee to the Construction Manager based on time-based rates as described in paragraph 5.2.3 of Article A-5 – COMPENSATION
FOR SERVICES.)

1.1 General Services

F3
.1 Attend regular Project meetings with the Owner and the Consultant. Reset

.2 Provide advice to the Owner and the Consultant with respect to construction and market conditions. F3
1.2 Predesign
.1 Estimating:
F3
(1) Confirm or prepare a Class D Construction Cost Estimate. Reset
(2) Advise the Owner if it appears that the Construction Cost Estimate may exceed the Project budget,
and make recommendation for corrective action.
F3
.2 Scheduling: Prepare a preliminary overall Project schedule.
1.3 Schematic Design Phase
.1 Constructability: Provide advice on site use and possible improvements, selection of materials, F3
assembly systems, and, equipment and provide recommendations on construction feasibility, availability
of materials and labour, time requirements for installation and construction, and factors related to
alternative designs and possible economies.
.2 Estimating: F3
(1) Prepare a Class C Construction Cost Estimate at the end of the Schematic Design Phase.
(2) Advise the Owner if it appears that the Construction Cost Estimate may exceed the Project budget, Reset

and make recommendation for corrective action.

.3 Scheduling: Prepare in consultation with the Consultant and the Owner a preliminary Project schedule F3
for the Owner's review; such Project schedule shall take into consideration the sequence and timing of
the required basic program decisions, including anticipated design time, approval period, preparation of
documentation, bid calls and subsequent evaluations, trade contract awards, on-site construction
activities, and the Project-In-Use Date.
.4 Other Services: Assist in providing liaison and coordination among government authorities, utility F3
companies, and other authorities having jurisdiction over the Place of the Project.
1.4 Design Development Phase
F3
.1 Constructability:
(1) Provide updates as necessary regarding the availability of materials and labour, building systems,
and possible economies.
(2) Make recommendations to the Owner and the Consultant regarding the scope of Work packages, to
help facilitate the subsequent bidding and awarding of trade and supply contracts.
(3) Review the specifications and drawings and at the end of the Design Development Phase, make
recommendations to the Owner and the Consultant as to constructability and coordination among
the Trade Contractors.
(4) Prepare general functional layout of construction site access and organization and Temporary Work.
.2 Estimating and Cost Control: F3 Reset

(1) Prepare a Class B Construction Cost Estimate at the end of the Design Development Phase.
(2) Advise the Owner if it appears that the Construction Cost Estimate may exceed the Project budget,
and make recommendations for corrective action.
(3) Establish a cost control program, and prepare a cash flow forecast for the Project.
.3 Scheduling: F3
(1) Review and update the Project schedule with appropriate details.
(2) Advise the Owner if it appears that the Project schedule may vary from that specified in Article A-3
of the Agreement – DESCRIPTION OF THE PROJECT or otherwise agreed with the Owner,
update the Project schedule, and make recommendations for corrective action.
(3) Make recommendations to the Owner regarding any equipment or materials, which should be pre-
ordered to meet the Project schedule.

CCDC 5A – 2010 7
Note: This contract is protected by copyright. Use of a CCDC 5A document not containing a CCDC 5A copyright seal constitutes an infringement of copyright. Only
sign this contract if the document cover page bears a CCDC 5A copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5A – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
SCHEDULE A1 TO THE AGREEMENT – SERVICES AND COMPENSATION

the Construction Manager

1. PRECONSTRUCTION

Performed by the Owner

or Someone Other Than

Construction Manager
(*Note:

Performed by the
F1 Included in the fixed amount as described in paragraph 5.2.1 of Article A-5 – COMPENSATION FOR SERVICES.

Not Applicable
F2 Included in the percentage amount as described in paragraph 5.2.2 of Article A-5 – COMPENSATION FOR SERVICES.

(*F1/F2/F3)
F3 Fee to the Construction Manager based on time-based rates as described in paragraph 5.2.3 of Article A-5 – COMPENSATION
FOR SERVICES.)

1.5 Construction Document Phase

.1 Constructability: F3
(1) Provide updates as necessary regarding the availability of materials and labour, building systems,
and possible economies.
(2) Review the specifications and drawings and make recommendations to the Owner and the
Consultant as to clarity, consistency, constructability, and coordination among the Trade
Contractors.
(3) Assist the Owner and the Consultant in preparing bid documents for Trade Contractors.
(4) Assist the Owner in determining the contract security requirements of Trade Contractors.
.2 Estimating and Cost Control: F3
(1) Update the Class B Construction Cost Estimate at defined intervals of Construction Documents
completion.
(2) Prepare a Class A Construction Cost Estimate at the end of the Construction Document Phase. Reset

(3) Update the cash flow forecasts for the Project.

(4) Advise the Owner if it appears that the Construction Cost Estimate may exceed the Project budget
and make recommendations for corrective action.
.3 Scheduling: F3
(1) Review and update the Project schedule with appropriate details.
(2) Advise the Owner if it appears that the Project schedule may vary from that specified in Article A-3
of the Agreement – DESCRIPTION OF THE PROJECT or otherwise agreed with the Owner, and
make recommendations for corrective action, including changes to Project scope, schedule or budget.
.4 Make recommendations to the Owner regarding any equipment or materials which should be pre-ordered F3
to meet the Project objective. F3
.5 Prepare general requirements.
.6 Collate, assemble and distribute bid documents. F3
1.6 Construction Procurement Phase
.1 Scheduling: F3
(1) Review and update the Project schedule with appropriate details.
.2 Contracting: F3
(1) Develop methods of solicitation for Trade Contractors and the distribution of addenda.
(2) Prepare the prequalification criteria for Trade Contractors and Suppliers as required by the Owner.
Reset

(3) Review for completeness and coordinate all bid documents for the solicitation of competitive bids for
the Work of each Trade Contractor.
F3
.3 Solicit bids.
.4 Assist the Owner in the evaluation and awarding of contracts. F3
.5 Update the cash flow forecasts for the Project. F3

8 CCDC 5A – 2010
Note: This contract is protected by copyright. Use of a CCDC 5A document not containing a CCDC 5A copyright seal constitutes an infringement of copyright. Only
sign this contract if the document cover page bears a CCDC 5A copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5A – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
SCHEDULE A1 TO THE AGREEMENT – SERVICES AND COMPENSATION

the Construction Manager

2. CONSTRUCTION

Performed by the Owner

or Someone Other Than

Construction Manager
(*Note:

Performed by the
F1 Included in the fixed amount as described in paragraph 5.2.1 of Article A-5 – COMPENSATION FOR SERVICES.
F2 Included in the percentage amount as described in paragraph 5.2.2 of Article A-5 – COMPENSATION FOR SERVICES.

(*F1/F2/F3)
F3 Fee to the Construction Manager based on time-based rates as described in paragraph 5.2.3 of Article A-5 – COMPENSATION FOR
SERVICES.)

2.1 General Services

.1 Chair and minute regular Project meetings with the Owner, the Consultant and Trade Contractors. F3
.2 Organize and distribute all documents related to the performance of the contract and execution of the Work of F3 Reset

each Trade Contractor.

.3 Provide administration as described in the trade contract documents including. F3
(1) Facilitate all communications among the Owner, the Consultant, the Payment Certifier, and Trade
Contractors that relate to the Project.
(2) In the first instance, receive all questions in writing by the Owner or Trade Contractors for interpretations
and findings relating to the performance of the Work or the interpretation of the trade contract documents
except with respect to financing information required of the Owner.
(3) In the first instance, give interpretations and make findings on matters in question relating to the
performance of any Work or the requirements of the trade contract documents, except with respect to any
and all architectural and engineering aspects of the Project or financing information required of the
Owner.
(4) During the progress of the Work, issue supplemental instructions to Trade Contractors with reasonable
promptness or in accordance with a schedule for such instructions agreed to by the Construction Manager
and Trade Contractors.
(5) Promptly investigate, make findings and inform the Owner, Trade Contractors and the Consultant
concerning all concealed or unknown conditions which are discovered by the Construction Manger or of
which Notice in Writing is given to the Construction Manager.
(6) Make findings upon all claims for a change in any trade contract price, and provide Notice in Writing of
such findings to all parties within 30 Working Days after receipt of such claim or within such other time
period as may be agreed by the parties.
(7) Give instructions necessary for the proper performance of Work of each Trade Contractor during any
dispute so as to prevent delays pending settlement of such dispute.
(8) Investigate the impact on Work of each Trade Contractor of the discovery of any fossils, coins, articles of
value or antiquity, structures and other remains or things of scientific or historic interest discovered at the
Place of the Project, and advise the Owner concerning the issuance of appropriate instructions for any
change in Work as a result of such discovery.
(9) Act on behalf of the Owner, Trade Contractors and the Consultant for the purpose of adjusting the amount
of any loss or damage payment with insurers under property or boiler and machinery policies affecting any
Work.
2.2 Project Control and Scheduling
.1 (1) Establish and implement organization and procedures with respect to all aspects of the Project. F3 Reset

(2) Provide to Trade Contractors the Project schedule that indicates the timing of major activities of the
Project in sufficient detail for Trade Contractors to schedule their Work.
(3) Provide coordination and general direction for the progress of the Project.
(4) Monitor the Work of each Trade Contractor.
(5) Coordinate all Trade Contractors in the performance of their respective Work, with one another and with
the activities and responsibilities of the Owner and the Consultant.
(6) Review the performance of Trade Contractors’ personnel and equipment and the availability of materials
and supplies to meet the Project schedule and recommend courses of action to the Owner when
requirements of a trade contract are not being met.
(7) Provide regular monitoring of the schedule as construction progresses. Identify potential variances to
planned completion dates. Review schedule for work not started or incomplete and recommend to the
Owner and Trade Contractors adjustments in the schedule to achieve the Project In-Use Date. Provide
summary reports of each monitoring and document all changes in schedule.
CCDC 5A – 2010 9
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sign this contract if the document cover page bears a CCDC 5A copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5A – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
the Construction Manager
2. CONSTRUCTION

Performed by the Owner

or Someone Other Than

Construction Manager
(*Note:

(*F1/F2/F3)
F3 Fee to the Construction Manager based on time-based rates as described in paragraph 5.2.3 of Article A-5 – COMPENSATION FOR
SERVICES.)

2.3 Common Construction Facilities and Services F3 Reset

.1 Arrange for the required Temporary Work.

2.4 Cost Control and Accounting
.1 (1) Prepare and update the Construction Cost cash flow forecasts in accordance with the Project budget as F3 Reset

specified in Article A-3 of the Agreement – DESCRIPTION OF THE PROJECT or otherwise agreed with
the Owner.
(2) Develop, implement and maintain a system of Project cost control and accounting.
(3) Advise the Owner and the Consultant on the variances between actual cost and Construction Cost
Estimate.
(4) Provide reasonable assistance and information to permit recovery of all tax rebates where applicable.
(5) Jointly with each Trade Contractor, prepare a schedule showing when items called for under cash
allowances must be ordered to avoid delaying the progress of Work.
(6) Provide recommendations to the Owner for necessary changes to maintain Project budget and Project
schedule.
2.5 Changes in Work
.1 (1) Develop and implement a system for processing changes in any Work. F3 Reset

(2) Recommend appropriate changes in any Work to the Owner and the Consultant.
(3) Review requests for changes in any Work and provide recommendations to the Owner and the Consultant
and, if necessary, assist in negotiation.
(4) Prepare and issue to Trade Contractors change orders and change directives, including written
descriptions of proposed changes in Work, all of which are to be prepared in consultation with the
Consultant when they are related to the specifications and drawings.
2.6 Payments to Trade Contractors and Suppliers
.1 (1) Develop and implement a procedure for timely process of payments to Trade Contractors and Suppliers. F3
(2) Promptly inform the Owner of the date of receipt of the Trade Contractors’ applications for payment.
Reset
(3) Promptly forward to the Payment Certifier the applications for payment received from the Trade
Contractors.
.2 (1) Determine the amounts owing to Trade Contractors and issue certificates for payment based on the F3
Construction Manager’s observations and evaluation of Trade Contractors’ applications for payment.
2.7 Field Review
.1 (1) Develop, implement and maintain a system for quality assurance and quality control. F3 Reset

(2) Reject work that in the opinion of the Construction Manager or the Consultant does not conform to the
requirements of the trade contract documents and whenever it is considered necessary or advisable, require
inspection or testing of work.
2.8 Health and Construction Safety
.1 (1) Subject to paragraph 3.1.2 of GC 3.1 – PROVISION OF INFORMATION AND OBLIGATIONS, be F3 Reset

responsible for establishing, initiating, maintaining, and overseeing the health and safety precautions and
programs required to be put in place at the Place of the Project and review with the Owner all safety
programs for adequacy.
(2) Review with the Owner the Trade Contractors’ safety programs for compliance.

10 CCDC 5A – 2010
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sign this contract if the document cover page bears a CCDC 5A copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5A – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
SCHEDULE A1 TO THE AGREEMENT – SERVICES AND COMPENSATION

the Construction Manager

2. CONSTRUCTION

Performed by the Owner

or Someone Other Than

Construction Manager
(*Note:

(*F1/F2/F3)
F3 Fee to the Construction Manager based on time-based rates as described in paragraph 5.2.3 of Article A-5 – COMPENSATION FOR
SERVICES.)

2.9 Submittals
.1 (1) Establish procedures for processing submittals. F3 Reset

(2) Coordinate all relevant information required to perform any Work.

(3) Upon request by any Trade Contractor or the Consultant, jointly prepare a schedule of the dates for
provision, review and return of shop drawings.
(4) Forward to the Consultant for review all shop drawings that are considered to be complete.
(5) Indicate in writing the Consultant’s acceptance or rejection of all deviations in the shop drawings from
the requirements of the trade contract documents.
(6) Return all shop drawings in accordance with the agreed schedule, or in the absence of such agreed
schedule, with reasonable promptness so as to cause no delay in the performance of any Work.
2.10 Reports and Project Site Documents
.1 (1) Keep a daily log available to the Owner and the Consultant. F3 Reset

(2) Maintain copies of all necessary documents at the Place of the Project.
(3) Collate and compile record documents and operating and maintenance manuals in accordance with the
Owner’s requirements.
2.11 Start-up
.1 (1) Assist the Owner in coordinating and monitoring initial start-up and testing conducted by Trade F3 Reset

Contractors.
(2) Coordinate the commissioning of utilities, systems and equipment.
2.12 Substantial Performance of the Work
.1 (1) Subject to applicable legislation, arrange for the issuance of the necessary certificates respecting F3 Reset

Substantial Performance of the Work of each Trade Contractor or designated portions thereof, lists of
incomplete or unsatisfactory items, and schedules for their completion.
(2) Distribute certificates of Substantial Performance of the Work and final certificates for payment of Work
of each Trade Contractor.
(3) Arrange with Trade Contractors to finish Work to be completed or corrected.
2.13 Project In-Use Date
.1 (1) Determine, in consultation with the Owner and the Consultant, and advise Trade Contractors in writing F3 Reset

of, the Project In-Use Date.

2.14 Handover
.1 (1) Inform the Owner and the Consultant in writing when Work of each Trade Contractor is ready for final F3 Reset

review prior to issuance of final certificate for payment.

(2) Seek, obtain and transmit to the Owner warranties (in consultation with the Consultant, if applicable),
affidavits, releases, bonds, insurances, and waivers received from Trade Contractors.
(3) Turn over to the Owner all keys and maintenance stocks.
(4) Arrange for the issuance of the final certificate for payment for each Trade Contractor.
(5) Assist the Owner’s operating staff to facilitate a smooth and proper takeover of Work of each Trade
Contractor and the Project, including all necessary training and instruction of the Owner’s operating
staff.

CCDC 5A – 2010 11
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version of CCDC 5A – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
Performed by the Owner or
3. POST-CONSTRUCTION

Someone Other Than the

Construction Manager

Construction Manager
(*Note:

(*F1/F2/F3)
F3 Fee to the Construction Manager based on time-based rates as described in paragraph 5.2.3 of Article A-5 – COMPENSATION FOR
SERVICES.)

3.1 General Services

.1 (1) Chair and minute Project meetings with the Owner, the Consultant, and Trade Contractors. F3 Reset

(2) Prepare final Construction Cost report.

3.2 Occupancy Review
.1 Assist the Owner in conducting post-construction occupancy review. F3 Reset

3.3 Warranties
.1 Assist the Owner in administering warranties. F3 Reset

12 CCDC 5A – 2010
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sign this contract if the document cover page bears a CCDC 5A copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5A – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
SCHEDULE A2 – REIMBURSABLE EXPENSES APPLICABLE TO SCHEDULE A1
Unless otherwise agreed to by the parties or as indicated in the following table, all expense items relating to Services are
included in the Construction Manager’s fee as described in paragraph 5.2 of Article of the Agreement A-5 –
COMPENSATION FOR SERVICES.

Construction Manager’s
Costs Included in the

Expenses (A5.3)
Reimbursable
Fee (A5.2)
1. Travel and subsistence expenses of the Construction Manager's personnel outside a radius of 50km from
the Place of the Project.
2. Charges for long distance telephone and facsimile communications, courier services, and reproduction
of trade contract documents incurred in relation to the performance of this Contract.
3. The cost of Project specific information technology support in accordance with the method determined
by the parties.
4. Deposits lost, provided that they are not caused by negligent acts or omissions of the Construction
Manager and the Services are performed in accordance with this Contract.
5. The costs to the Construction Manager that result from any Trade Contractor’s insolvency or failure to
perform.
6. Charges levied by authorities having jurisdiction at the Place of the Project.
7. Royalties, patent licence fees and damages for infringement of patents and cost of defending suits
therefore.
8. Any adjustment in taxes and duties directly related to the Project for which the Construction Manager is
liable.
9. Losses and expenses sustained by the Construction Manager for matters which are the subject of the
insurance coverages obtained pursuant to GC 8.1 – INSURANCE when such losses and expenses are
not recoverable because the amounts are in excess of collectible amounts, within the deductible amounts
or are not insurable.
10. The costs incurred due to emergencies affecting the safety of persons or property.
11. Legal costs incurred by the Construction Manager in relation to the performance of the Services
provided that they are not caused by negligent acts or omissions of the Construction Manager and the
Services are performed in accordance with this Contract.
12. Such other costs directly incurred by the Construction Manager in the performance of this Contract as
follows:

CCDC 5A – 2010 13
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sign this contract if the document cover page bears a CCDC 5A copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5A – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
SCHEDULE B1 – ADDITIONAL SERVICES AND COMPENSATION
The Construction Manager will provide the following additional services and Temporary Work that are within the scope of the
Services:

Method of Compensation
(*F1/F2/F3)

14 CCDC 5A – 2010
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sign this contract if the document cover page bears a CCDC 5A copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5A – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
SCHEDULE B2 – REIMBURSABLE EXPENSES APPLICABLE TO SCHEDULE B1
Unless otherwise agreed to by the parties or as indicated in the following table, all expense items relating to additional services
are included in the Construction Manager’s fee as described in paragraph 5.2 of Article of the Agreement A-5 –
COMPENSATION FOR SERVICES.

Construction Manager’s
Costs Included in the

Expenses (A5.3)
Reimbursable
Fee (A5.2)
1. Travel and subsistence expenses of the Construction Manager's personnel outside a radius of 50km from
the Place of the Project.
2. Charges for long distance telephone and facsimile communications, courier services, reproduction of trade
contract documents incurred in relation to the performance of this Contract.
3. Deposits lost provided that they are not caused by negligent acts or omissions of the Construction
Manager and the Services are performed in accordance with this Contract.
4. The costs to the Construction Manager that result from any Trade Contractor’s insolvency or failure to
perform.
5. The cost of all products purchased by the Construction Manager for the Project, including cost of
transportation thereof.
6. The cost of all equipment and services required for the Construction Manager's field office.
7. The amounts of all contracts between the Construction Manager and subcontractors and suppliers.
8. The cost of quality assurance such as independent inspection and testing services.
9. Any adjustment in premiums for insurance which the Construction Manager is required, by this Contract,
to purchase and maintain.
10. If applicable, the cost of time-based rate for labour in the direct employ of the Construction Manager in
performing the additional services described in Schedule B1.
11. Charges levied by authorities having jurisdiction at the Place of the Project.
12. Royalties, patent licence fees and damages for infringement of patents and cost of defending suits
therefore.
13. Any adjustment in taxes and duties directly related to the Project for which the Construction Manager is
liable.
14. Losses and expenses sustained by the Construction Manager for matters which are the subject of the
insurance coverages obtained pursuant to GC 8.1 – INSURANCE when such losses and expenses are not
recoverable because the amounts are in excess of collectible amounts, are within the deductible amounts or
are not insurable.
15. The costs incurred due to emergencies affecting the safety of persons or property.
16. Legal costs, incurred by the Construction Manager in relation to the performance of the Project provided
that they are not caused by negligent acts or omissions of the Construction Manager and the Services are
performed in accordance with this Contract.
17. Such other costs directly incurred by the Construction Manager in performing the additional services as
follows:

CCDC 5A – 2010 15
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sign this contract if the document cover page bears a CCDC 5A copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5A – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
SCHEDULE C – TIME-BASED RATES FOR PERSONNEL EMPLOYED BY THE CONSTRUCTION MANAGER
Personnel employed by the Construction Manager in the performance of the Services Unit Rate

16 CCDC 5A – 2010
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sign this contract if the document cover page bears a CCDC 5A copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5A – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
DEFINITIONS
The following Definitions apply to the Contract Documents. References in the definition to the singular shall be considered to
include the plural as the context requires.
Class A Construction Cost Estimate
The Class A Construction Cost Estimate is an estimate of the Construction Cost based on the completed Construction
Documents. Class A Construction Cost Estimate is the final estimate before the bid or proposal call. Class A Construction
Cost Estimate shall be presented in elemental format and include labour and material costs, allowance for all costs resulting
from the Project schedule, all actual associated costs, including cash allowances, contingencies, allowances for design,
escalation, market conditions and anticipated amendment amounts as applicable.
Class B Construction Cost Estimate
The Class B Construction Cost Estimate is an estimate of the Construction Cost with a level of precision that is based on the
degree of completion of the Construction Documents at the time of preparation of the estimate. The Class B Construction Cost
Estimate is typically prepared when all site or installation investigations are completed and the design of the major systems and
sub-systems of the Project (including outline specifications and preliminary drawings and models) are well underway. Class
B Construction Cost Estimate shall be presented in elemental format and include labour and material costs, allowance for all
costs resulting from the Project schedule, all actual associated costs, including cash allowances, contingencies, allowances for
design, escalation, market conditions and anticipated amendment amounts as applicable.
Class C Construction Cost Estimate
The Class C Construction Cost Estimate is an estimate of the Construction Cost based on updated Owner requirements,
general description of the Project, preliminary site information and existing conditions, and takes into consideration market
conditions as well as basic implementation logistics. Class C Construction Cost Estimate shall include labour and material
costs and the Owner’s construction contingencies and allowances.
Class D Construction Cost Estimate
The Class D Construction Cost Estimate is an estimate of the Construction Cost based on the Owner’s functional requirements
to the degree known at the time. The Class D Construction Cost Estimate shall as a minimum be based on historical cost data
for similar projects, suitably adjusted for such factors as inflation, location, risk, quality, size, and time. All related factors
affecting cost are considered to the extent possible. The Class D Construction Cost Estimate provides the Owner an indication
of the order of magnitude of the Construction Cost for a project completed within the estimated completion date, and shall
include labour and material costs and the Owner’s construction contingencies and allowances.
Construction Cost
Construction Cost means the actual cost of all elements of the Project including all applicable taxes but excluding the
applicable value added taxes, whether recoverable or not. Construction Cost does not include the compensation of the
Construction Manager and the Consultant.
Construction Cost Estimate
Construction Cost Estimate is either a Class A Construction Cost Estimate, a Class B Construction Cost Estimate, a Class C
Construction Cost Estimate, or a Class D Construction Cost Estimate, as the context shall require and is prepared with a level
of precision commensurate with the level of detail of information available at the time.
Construction Documents
The Construction Documents consist of the specifications and drawings that are consistent with the Contract Documents and
are prepared by the Consultant and accepted by the Owner after execution of the Agreement for the performance of the
Project.
Construction Manager
The Construction Manager is the person or entity identified as such in the Agreement.
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 Project.
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-4 of the Agreement – CONTRACT DOCUMENTS
and amendments agreed upon between the parties.
CCDC 5A – 2010 17
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sign this contract if the document cover page bears a CCDC 5A copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5A – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
Contract Time
The Contract Time is the time stipulated in paragraph 1.3 of Article A-1 of the Agreement – THE SERVICES.
Notice in Writing
A Notice in Writing, where identified in this Contract, is a written communication between the parties that is transmitted in
accordance with the provisions of Article A-7 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.
Payment Certifier
The Payment Certifier is either the Construction Manager or the Consultant identified as such in a trade contract.
Place of the Project
The Place of the Project is the designated site or location of the Project identified in this Agreement.
Project
The Project means the total construction as described in Article A-3 of the Agreement – DESCRIPTION OF THE PROJECT
contemplated by the Owner.
Project In-Use Date
Project In-Use Date shall have been reached when the Project is ready for use or is being used for the purpose intended and is
so confirmed in writing by the Construction Manager in consultation with the Consultant and the Owner.
Services
The Services means all services described in Schedule A1 to the Agreement – SERVICES AND COMPENSATION and
Schedule B1 to the Agreement – ADDITIONAL SERVICES AND COMPENSATION to be performed by the Construction
Manager under this Contract.
Substantial Performance of the Work
Substantial Performance of the Work is defined in the lien legislation applicable to the Place of the Project with respect to each
Trade Contractor. If such legislation is not in force or does not contain such definition, or if the Work is governed by the Civil
Code of Quebec, Substantial Performance of the Work shall have been reached when the Work of each Trade Contractor is
ready for use or is being used for the purpose intended and is so certified by the Payment Certifier.
Supplier
A Supplier is a person or entity having a direct contract with the Owner to supply products.
Temporary Work
Temporary Work means temporary supports, structures, facilities, services, and other temporary items required for the
execution of Work but not incorporated into Work.
Trade Contractor
Trade Contractor is the person or entity identified as such in a trade contract between the Owner and the Trade Contractor to
perform Work.
Value Added Taxes
Value Added Taxes means such sums as shall be levied upon the Owner’s payment to the Construction Manager by the
Federal or any Provincial or Territorial government and is computed as a percentage of such payment and includes the Goods
and Services Tax, the Quebec Sales Tax, The Harmonized Sales Tax, and any other similar tax, the collection and payment of
which have been imposed on the Construction Manager by tax legislation.
Work
Work means the construction and related services required to be performed by a Trade Contractor.
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 Project.

18 CCDC 5A – 2010
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sign this contract if the document cover page bears a CCDC 5A copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5A – 2010 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 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 the Owner and the Construction Manager (including the Schedules to the Agreement),
• the Definitions,
• Supplementary Conditions, if any
• the General Conditions.
.2 later dated documents shall govern over earlier documents of the same type.
.3 amendments to documents shall govern over documents so amended.
GC 1.2 LAW OF THE CONTRACT
1.2.1 The law of the Place of the Project shall govern the interpretation of this 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.
1.3.2 No action or failure to act by the Owner or the Construction Manager shall constitute a waiver of any right or duty
afforded either of them under this 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 this Contract shall assign this Contract or a portion thereof without the written consent of the other,
which consent shall not be unreasonably withheld.
GC 1.5 PROJECT REPRESENTATIVES
1.5.1 The Owner, Construction Manager and Consultant may appoint one or more project representatives to assist in carrying
out their responsibilities under this Contract. The duties, responsibilities and limitations of authority of such project
representatives shall be as set forth in writing.

PART 2 CONSTRUCTION MANAGER’S RESPONSIBILITIES

GC 2.1 SERVICES
2.1.1 The Construction Manager shall provide the basic services identified in Schedule A1 to the Agreement and additional
services identified in Schedule B1 to the Agreement.
2.1.2 The Construction Manager shall retain the personnel named in the Agreement in their designated roles for the duration
of the assignment and promptly inform and obtain approval by the Owner of any change.
2.1.3 In providing the Services, the Construction Manager assumes no responsibility for, nor offers any professional advice
with respect to, any and all architectural or engineering aspects of the Project or the Consultant’s services.
2.1.4 The authority of the Construction Manager as agent of the Owner is expressly limited to the provision of the Services
more particularly described in Schedules A1 and B1 to the Agreement.
2.1.5 Interpretations and findings of the Construction Manager shall be consistent with the intent of the Contract Documents
as they relate to the Work. In making such interpretations and findings the Construction Manager will not show
partiality to either the Owner or Trade Contractors.

PART 3 OWNER’S RESPONSIBILITIES

GC 3.1 PROVISION OF INFORMATION AND OBLIGATIONS
3.1.1 The Owner shall:
.1 retain the Consultant who shall be responsible for the design and design-related services required for the Project;
.2 inform the Construction Manager of the scope and terms of the Consultant’s services;
CCDC 5A – 2010 19
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version of CCDC 5A – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
.3 inform the Consultant of the scope and terms of the Services;
.4 coordinate and facilitate the services of the Construction Manager and the Consultant;
.5 enter into contracts or written agreements with Trade Contractors to perform the Work. Such agreements shall be
consistent with the requirements of CCDC 17 – STIPULATED PRICE CONTRACT BETWEEN OWNER AND
TRADE CONTRACTOR FOR CONSTRUCTION MANAGEMENT PROJECTS;
.6 inform the Construction Manager of the scope and terms of each trade contract;
.7 upon request by the Construction Manager, furnish to the Construction Manager reasonable evidence that financial
arrangements have been made and that adequate financing is available in order to ensure the completion of the
Project;
.8 communicate with Trade Contractors through the Construction Manager except:
(1) for direct communications with the Payment Certifier,
(2) with respect to formal notices in writing, or
(3) when expressly specified in a trade contract.
.9 pay Trade Contractors in accordance with the terms and conditions of each trade contract;
.10 furnish promptly to the Construction Manager all information that is required for the Project regarding the Place of
the Project including surveys as to the physical characteristics of the site, soils reports, subsurface investigations,
legal limitations, utility locations, and legal description. The Construction Manager shall be entitled to rely on such
information;
.11 provide full and timely information and approvals regarding the requirements of the Project for the orderly progress
of the Services;
.12 review documents submitted by the Construction Manager and give the Construction Manager timely decisions for
the orderly progress of the Services;
.13 obtain and pay for development approvals, building permit, permanent easements, rights of servitude, and all other
necessary approvals and permits;
.14 provide, maintain and pay for the insurance coverages required for the Project in accordance with Part 8 of the
General Conditions – INSURANCE;
.15 immediately notify the Construction Manager if the Owner observes or otherwise becomes aware of any fault or
defect in the Work, the Project or any non-conformity with the requirements of the Contract;
.16 designate in writing a representative who shall be fully acquainted with the Project and shall have the authority to
act on the Owner’s behalf in relation to all duties and responsibilities of the Owner under this Contract; and
.17 designate in writing a Payment Certifier and advise the Construction Manager and the Consultant.
3.1.2 The Owner shall be responsible for construction health and safety at the Place of the Project in compliance with the
rules, regulations and practices required by the applicable health and construction safety legislation.

PART 4 PAYMENT
GC 4.1 APPLICATIONS FOR PAYMENT
4.1.1 The Construction Manager’s applications for payment shall be made monthly as the Services progress or in accordance
with such other period agreed to by the Owner and the Construction Manager.
4.1.2 The amount claimed shall be in accordance with a schedule agreed to by the Owner and the Construction Manager, or in
the absence of such a schedule, equal to the value of the Services provided as of the last day of the payment period.
GC 4.2 PAYMENT
4.2.1 The Owner shall make payment to the Construction Manager on account in accordance with the provisions of Article A-
6 of the Agreement – PAYMENT no later than 20 calendar days following the date of receipt of an application for
payment.
4.2.2 No deductions shall be made by the Owner from amounts payable to the Construction Manager other than those for
which the Construction Manager is proven to be responsible as in accordance with Part 7 – DISPUTE RESOLUTION
or has agreed to pay.
4.2.3 Variance from the Construction Cost Estimate established under this Contract shall not constitute grounds for the
Owner to withhold fees due to the Construction Manager.
4.2.4 Where required by provincial or territorial legislation, payments shall be subject to the lien legislation applicable to the
Place of the Project.

20 CCDC 5A – 2010
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sign this contract if the document cover page bears a CCDC 5A copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5A – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
PART 5 CHANGES
GC 5.1 CHANGES TO THE PROJECT
5.1.1 The Owner, without invalidating this Contract, may make changes in the Project provided they are within the general
scope of the Project and of the Services.
5.1.2 The Construction Manager shall promptly advise the Owner if a change contemplated by the Owner under paragraph
5.1.1 will change the Construction Manager’s compensation or the Project In-Use Date.
5.1.3 If the Owner and the Construction Manager agree on an adjustment to the Construction Manager’s compensation or
Contract Time, such agreement shall be recorded in writing.
5.1.4 If the Owner and Construction Manager cannot agree on the change in Construction Manager’s compensation, the
matter shall be determined in accordance with the provisions of Part 7 of the General Conditions – DISPUTE
RESOLUTION.
5.1.5 If the Contract Time is exceeded or extended through no fault of the Construction Manager, the Construction
Manager’s compensation shall be adjusted accordingly to cover the Construction Manager’s additional costs.
GC 5.2 CHANGES IN SERVICES
5.2.1 Any agreement between the Owner and the Construction Manager on a change to the Services shall be recorded in
writing.

PART 6 DEFAULT NOTICE

GC 6.1 OWNERS’ RIGHT TO TERMINATE THE CONTRACT
6.1.1 If a party is adjudged bankrupt, or makes a general assignment for the benefit of creditors because of its insolvency, or a
receiver is appointed because of its insolvency, the other party may, without prejudice to any other right or remedy it
may have, terminate this Contract by giving the party or receiver or trustee in bankruptcy Notice in Writing to that
effect.
6.1.2 If the Construction Manager neglects to properly perform the Service or otherwise fails to comply with the requirements
of this Contract to a substantial degree, the Owner may, without prejudice to any other right or remedy the Owner may
have, give the Construction Manager Notice in Writing that the Construction Manager is in default of the Construction
Manager’s contractual obligations and instruct the Construction Manager to correct the default in the 5 Working Days
immediately following the receipt of such Notice in Writing.
6.1.3 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 Construction Manager shall be in compliance with the Owner's instructions if the
Construction Manager:
.1 commences the correction of the default within the specified time, and
.2 provides an acceptable schedule to the Owner for such correction, and
.3 corrects the default in accordance with the Contract terms and with such schedule.
6.1.4 If the Construction Manager 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:
.1 correct such default and deduct the cost thereof from any payment then or thereafter due to the Construction
Manager, or
.2 terminate the Construction Manager's right to continue with the Services in whole or in part or terminate this
Contract.
6.1.5 If the Owner terminates this Contract as provided in paragraphs 6.1.1 and 6.1.4, the Owner shall pay the Construction
Manager within 30 calendar days of the date that an invoice is submitted for all Services properly performed to the
effective termination date, including reimbursable expenses and applicable taxes then due.
6.1.6 The Owner may, if conditions arise which make it necessary for reasons other than as provided in paragraphs 6.1.1 and
6.1.4, terminate this Contract by giving Notice in Writing to that effect to the Construction Manager.
6.1.7 Suspension of the Project shall be deemed to have occurred if:
.1 the Project has been stopped at the Owner’s request or due to no fault of the Construction Manager, and
.2 such stoppage or stoppages have continued individually for a period of 30 calendar days or collectively for a period
of 60 calendar days.
CCDC 5A – 2010 21
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version of CCDC 5A – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
6.1.8 If the Owner terminates this Contract as provided in paragraph 6.1.6 or suspends the Project as described in paragraph
6.1.7:
.1 the Owner shall pay the Construction Manager within 30 calendar days of the date that an invoice is submitted for
all Services performed to the effective termination date, including reimbursable expenses and applicable taxes then
due; and
.2 the Construction Manager shall be entitled to reasonable termination costs and an amount for anticipated loss of
profit.

GC 6.2 CONSTRUCTION MANAGER’S RIGHT TO TERMINATE THE CONTRACT

6.2.1 If the Owner fails to comply with the requirements of this Contract to a substantial degree, including but not limited to
the non-payment of compensation for Services described in Article A-5 – COMPENSATION FOR SERVICES, the
Construction Manager may, without prejudice to any other right or remedy the Construction Manager may have, give
the Owner Notice in Writing that the Owner is in default of the Owner’s contractual obligations and notify the Owner to
correct the default in the 5 Working Days immediately following the receipt of such Notice in Writing.
6.2.2 If the Owner 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 Construction Manager may have, the
Construction Manager may terminate this Contract.
6.2.3 If the Construction Manager terminates this Contract as described in paragraph 6.2.2:
.1 the Owner shall pay the Construction Manager within 30 calendar days of the date that an invoice is submitted for
all Services performed to the effective termination date, including reimbursable expenses and applicable taxes then
due; and
.2 the Construction Manager shall be entitled to reasonable termination costs and an amount for anticipated loss of
profit.

PART 7 DISPUTE RESOLUTION

GC 7.1 NEGOTIATION, MEDIATION AND ARBITRATION
7.1.1 Differences between the parties to this Contract as to the interpretation, application or administration of this Contract or
any failure to agree where agreement between the parties is called for, herein collectively called disputes, shall be settled
in accordance with the requirements of this General Condition.
7.1.2 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.
7.1.3 If the parties so agree the dispute shall be submitted to mediation or arbitration in accordance with the provisions of the
Rules for Mediation and Arbitration of Construction Disputes as provided in CCDC 40 in effect as at the date of this
Contract.
7.1.4 If no agreement is made for mediation or arbitration as described in paragraph 7.1.3, the parties may refer the unresolved
dispute to the courts or to any other agreed form of dispute resolution.

PART 8 INSURANCE
GC 8.1 INSURANCE
8.1.1 The Owner shall obtain, maintain and pay for ‘wrap-up’ general liability insurance in the joint names of the Owner, the
Construction Manager, the Consultant, all Trade Contractors, all subconsultants, and all trade subcontractors with
limits of not less than $10,000,000 per occurrence and a deductible not more than $10,000. The insurance coverage
shall be primary to all other insurance policies and shall not be substantially less than the insurance provided by IBC
Form 2100 (including an extension for a standard provincial and territorial form of non-owned automobile liability
policy) and IBC Form 2320, except for liability arising from damage to the Project during construction, which shall be
limited to the completed operations period. The insurance shall be maintained from the date of commencement of the
Project until 90 calendar days after the Project In-Use Date. The Owner is responsible to provide coverage for
completed operations hazards from the Project In-Use Date for a period of 2 years.

22 CCDC 5A – 2010
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sign this contract if the document cover page bears a CCDC 5A copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5A – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
8.1.2 The Owner shall obtain, maintain and pay for ‘broad form’ property insurance in the joint names of the Owner, the
Construction Manager, the Consultant, and all Trade Contractors. The policy shall have limits of not less than the sum
of 1.1 times the Construction Cost Estimate with a deductible not more than $10,000. The “Broad Form” property
insurance shall be provided from the date of commencement of the Project until the earliest of:
.1 10 calendar days after the Project In-Use Date;
.2 on the commencement of use or occupancy of any part or section of the Work of any Trade Contractors 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 Project;
.3 when the Place of the Project is left unattended for more than 30 consecutive calendar days or when construction
activity has ceased for more than 30 consecutive calendar days.
8.1.3 The Owner shall or cause to obtain, maintain and pay for an Aircraft or Watercraft Liability Insurance when owned or
non-owned aircraft or watercraft are used directly or indirectly in the performance of the Project. The policy shall have
limits of not less than $10,000,000 inclusive per occurrence for bodily injury, death, and damage to property including
loss of use thereof and limits of not less than $5,000,000 for aircraft passenger hazard.
8.1.4 The Construction Manager shall provide, maintain and pay for general liability insurance that has limits of not less than
$5,000,000 per occurrence and a deductible not more than $5,000. The policy shall be maintained from the date of
commencement of the Project until the Construction Manager completes the Services. Liability coverage shall be
provided for completed operations hazards on an ongoing basis for a period of 6 years following the Project In-Use
Date.
8.1.5 The Construction Manager shall provide, maintain and pay for Automobile Liability Insurance in respect of vehicles
that are required by law to be insured under a contract by a Motor Vehicle Liability Policy. The policy shall have limits
not less than $5,000,000 inclusive per occurrence for bodily injury, death, and damage to property, covering all vehicles
owned or leased by the Construction Manager. Where the policy has been issued pursuant to a government-operated
automobile insurance system, the Construction Manager shall provide the Owner with confirmation of automobile
insurance coverage for all automobiles registered in the name of the Construction Manager.
8.1.6 Prior to commencement of the Project and upon the placement, renewal, amendment, or extension of all or any part of
the insurance, the parties shall promptly provide each other with confirmation of coverage that they are responsible for
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 Project.
8.1.7 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 this
Contract.
8.1.8 All required insurance policies shall be with insurers licensed to underwrite insurance in the jurisdiction of the Place of
the Project.

PART 9 INDEMNIFICATION AND WAIVER OF CLAIMS

GC 9.1 INDEMNIFICATION
9.1.1 The Owner and the Construction Manager 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 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 date of Project In-Use Date or within such shorter
period as may be prescribed by any limitation statute of the province or territory of the Place of the Project.
The parties expressly waive the right to indemnity for claims other than those provided for in this Contract.
9.1.2 The obligation of either party to indemnify as set forth in paragraph 9.1.1 shall be limited as follows:
.1 In respect to losses suffered by the Owner and the Construction Manager for which insurance is to be provided by
either party pursuant to GC 8.1 – INSURANCE, the insurance limit for the loss so covered as prescribed in GC 8.1
– INSURANCE.

CCDC 5A – 2010 23
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sign this contract if the document cover page bears a CCDC 5A copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5A – 2010 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 Construction Manager for which insurance is not required to be
provided by either party in accordance with GC 8.1 – INSURANCE, the Construction Manager’s compensation as
recorded in Article A-5 of the Agreement – COMPENSATION FOR SERVICES.
.3 In respect to claims by third parties for direct loss resulting from bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property, the obligation to indemnify is without limit. In respect to all other
claims for indemnity as a result of claims advanced by third parties, the limits of indemnity set forth in paragraphs
9.1.2.1 and 9.1.2.2 shall apply.
9.1.3 The obligation of either party to indemnify the other as set forth in paragraphs 9.1.1 and 9.1.2 shall be inclusive of
interest and all legal costs.
9.1.4 In respect to any claim for indemnity or to be held harmless by the Owner or the Construction Manager:
.1 Notice in Writing of such claim shall be given within a reasonable time after the facts upon which such claim is
based became known to the party required to give such Notice in Writing;
.2 should either party be required as a result of its obligation to indemnify the other 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 9.2 WAIVER OF CLAIMS
9.2.1 As of the date of one year from the Project In-Use Date, the Construction Manager waives and releases the Owner from
all claims which the Construction Manager has or reasonably ought to have knowledge of that could be advanced by the
Construction Manager against the Owner arising from the Construction Manager’s involvement in the Project,
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 Project In-Use Date, except as follows:
.1 claims arising prior to or on the Project In-Use Date for which Notice in Writing of claim has been received by the
Owner from the Construction Manager no later than 20 days after the Project In-Use Date;
.2 indemnification for claims advanced against the Construction Manager by third parties for which a right of
indemnification may be asserted by the Construction Manager against the Owner pursuant to the provisions of this
Contract;
.3 claims resulting from acts or omissions which occur after the Project In-Use Date.
9.2.2 The Construction Manager waives and releases the Owner from all claims referenced in paragraph 9.2.1.3 except for
those referred in paragraph 9.2.1.2 and claims for which Notice in Writing of claim has been received by the Owner
from the Construction Manager within 395 calendar days following the Project In-Use Date.
9.2.3 As of the date of one year from the Project In-Use Date, the Owner waives and releases the Construction Manager from
all claims which the Owner has or reasonably ought to have knowledge of that could be advanced by the Owner against
the Construction Manager arising from the Owner’s involvement in the Project, 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 Project In-Use Date, except as follows:
.1 claims arising prior to or on the Project In-Use Date for which Notice in Writing of claim has been received by the
Construction Manager from the Owner no later than 20 days from the Project In-Use 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 Construction Manager pursuant to the provisions of this Contract;
.3 damages arising from the Construction Manager’s actions which result in substantial defects or deficiencies in the
Project. “Substantial defects or deficiencies” mean those defects or deficiencies in the Project which affect the
Project to such an extent or in such a manner that a significant part or the whole of the Project is unfit for the
purpose intended by this Contract;
.4 claims arising from acts or omissions which occur after the Project In-Use Date.
9.2.4 The Owner waives and releases the Construction Manager from all claims referred to in paragraph 9.2.3.3 except for
those referred in paragraph 9.2.3.2 and claims for which Notice in Writing of claim has been received by the
Construction Manager from the Owner within a period of six years from Project In-Use Date should any limitation
statute of the Province or Territory of the Place of the Project permit such agreement. If the applicable limitation statute
does not permit such agreement, within such shorter period as may be prescribed by:
.1 any limitation statute of the Province or Territory of the Place of the Project; or
.2 the Civil Code of Quebec if the Place of the Project is the Province of Quebec.

24 CCDC 5A – 2010
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sign this contract if the document cover page bears a CCDC 5A copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5A – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
9.2.5 The Owner waives and releases the Construction Manager from all claims referenced in paragraph 9.2.3.4 except for
those arising from claims for which Notice in Writing has been received by the Construction Manager from the Owner
within 395 calendar days following the Project In-Use Date.
9.2.6 Notice in Writing of claim as provided for in GC 9.2 – WAIVER OF CLAIMS to preserve a claim or right of action
which would otherwise, by the provisions of GC 9.2 – WAIVER OF CLAIMS, be deemed to be waived, must include
the following:
.1 a clear and unequivocal statement of the 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.
9.2.7 The party giving Notice in Writing of claim as provided for in GC 9.2 – WAIVER OF CLAIMS shall submit within a
reasonable time a detailed account of the amount claimed.
9.2.8 Where the event or series of events giving rise to a claim made under paragraphs 9.2.1 or 9.2.3 has a continuing effect,
the detailed account submitted under paragraph 9.2.7 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 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 that gave rise to the claim.
9.2.9 If a Notice in Writing of claim pursuant to paragraph 9.2.1.1 is received on the 18th or 19th calendar day after the
Project In-Use Date, the period within which Notice in Writing of claim shall be received pursuant to paragraph 9.2.3.1
shall be extended to 24 calendar days after the Project In-Use Date.
9.2.10 If a Notice in Writing of claim pursuant to paragraph 9.2.3.1 is received on the 18th or 19th calendar day after the
Project In-Use Date, the period within which Notice in Writing of claim shall be received pursuant to paragraph 9.2.1.1
shall be extended to 24 calendar days after the Project In-Use Date.

CCDC 5A – 2010 25
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sign this contract if the document cover page bears a CCDC 5A copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5A – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
[ Name of the Project ]
TABLE OF CONTENTS
AGREEMENT BETWEEN OWNER AND CONSTRUCTION PART 3 PERFORMANCE OF THE SERVICES AND EXECUTION OF
MANAGER – FOR SERVICES AND CONSTRUCTION THE WORK
A-1 The Services and the Work GC 3.1 Control of the Work
A-2 Agreements and Amendments GC 3.2 Construction by Owner or Other Contractors
A-3 Description of the Project GC 3.3 Temporary Work
A-4 Contract Documents GC 3.4 Review of Drawings, Specifications and Material and Finish
A-5 Construction Manager's Fee Schedules
A-6 Reimbursable Expenses for the Services GC 3.5 Construction Schedule
A-7 Cost of the Work GC 3.6 Supervision
A-8 Options GC 3.7 Subcontractors and Suppliers
A-9 Payment GC 3.8 Labour and Products
A-10 Receipt of and Addresses for Notices in Writing GC 3.9 Documents at the Site
A-11 Language of the Contract GC 3.10 Shop Drawings
A-12 Succession GC 3.11 Use of the Work
GC 3.12 Cutting and Remedial Work
SCHEDULES TO THE AGREEMENT
GC 3.13 Cleanup
A1 Services and Compensation
A2 Reimbursable Expenses Applicable to Schedule A1 PART 4 ALLOWANCE
B Time-based Rates for Personnel Employed by the Construction GC 4.1 Cash Allowances
Manager
PART 5 PAYMENT
DEFINITIONS GC 5.1 Financing Information Required of the Owner
1. Class A Construction Cost Estimate GC 5.2 Accounting and Audit
2. Class B Construction Cost Estimate GC 5.3 Progress Payment for the Services
3. Class C Construction Cost Estimate GC 5.4 Progress Payment for the Work
4. Class D Construction Cost Estimate GC 5.5 Substantial Performance of the Work
5. Change Directive GC 5.6 Payment of Holdback Upon Substantial
6. Change Order Performance of the Work
7. Construction Cost GC 5.7 Progressive Release of Holdback for the Work
8. Construction Cost Estimate GC 5.8 Final Payment for the Work
9. Construction Documents GC 5.9 Withholding of Payment for the Work
10. Construction Equipment GC 5.10 Non-Conforming Work
11. Construction Manager
PART 6 CHANGES
12. Construction Manager’s Fee
GC 6.1 Owner’s Right to Make Changes
13. Consultant
GC 6.2 Change Order
14. Contract
GC 6.3 Change Directive
15. Contract Documents
GC 6.4 Concealed or Unknown Conditions
16. Contract Time
GC 6.5 Delays
17. Cost of the Work
GC 6.6 Claims for a Change in Construction Manager’s Fee for the Services,
18. Drawings
the Price of the Work or the Guaranteed Maximum Price
19. Guaranteed Maximum Price
20. Notice in Writing PART 7 DEFAULT NOTICE
21. Owner GC 7.1 Owner’s Right to Perform the Work or Terminate the Contract
22. Place of the Work GC 7.2 Construction Manager's Right to Suspend the Work or
23. Price of the Services Terminate the Contract
24. Price of the Work
PART 8 DISPUTE RESOLUTION
25. Product
GC 8.1 Authority of the Consultant
26. Project
GC 8.2 Negotiation, Mediation and Arbitration
27. Services
GC 8.3 Retention of Rights
28. Shop Drawings
29. Specifications PART 9 PROTECTION OF PERSONS AND
30. Subcontractor PROPERTY
31. Substantial Performance of the Work GC 9.1 Protection of Work and Property
32. Supplemental Instruction GC 9.2 Toxic and Hazardous Substances
33. Supplier GC 9.3 Artifacts and Fossils
34. Temporary Work GC 9.4 Construction Safety
35. Value Added Taxes GC 9.5 Mould
36. Work
PART 10 GOVERNING REGULATIONS
37. Working Day
GC 10.1 Taxes and Duties
GENERAL CONDITIONS GC 10.2 Laws, Notices, Permits, and Fees
GC 10.3 Patent Fees
PART 1 GENERAL PROVISIONS
GC 10.4 Workers' Compensation
GC 1.1 Contract Documents
GC 1.2 Law of the Contract PART 11 INSURANCE — CONTRACT SECURITY
GC 1.3 Rights and Remedies GC 11.1 Insurance
GC 1.4 Assignment GC 11.2 Contract Security
GC 1.5 Performance of the Services
PART 12 INDEMNIFICATION, WAIVER OF CLAIMS AND
GC 1.6 Project Representatives
WARRANTY
PART 2 ADMINISTRATION OF THE CONTRACT GC 12.1 Indemnification
GC 2.1 Owner’s Responsibilities GC 12.2 Waiver of Claims
GC 2.2 Authority of the Consultant GC 12.3 Warranty
GC 2.3 Consultant’s Responsibilities
APPENDIX STIPULATED PRICE OPTION
GC 2.4 Review and Inspection of the Work
GC 2.5 Defective Work
AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER
– FOR SERVICES AND CONSTRUCTION

This agreement made on the ___________ day of ____________________ in the year ________________
by and between

hereinafter called the “Owner”

and

hereinafter called the “Construction Manager”

The Owner and Construction Manager agree as follows:

ARTICLE A-1 THE SERVICES AND THE WORK

The Construction Manager shall

1.1 perform the Services and the Work for
[ Name of the Project ]

insert above the title of the Project

located at

insert above the Place of the Work

and as further described in Article A-3 of the Agreement – DESCRIPTION OF THE PROJECT, for which the
Agreement has been signed by the parties, and for which

insert above 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 Services and the Work by the ______ day of ________________________ in the year ________ and
continue in accordance with any schedule provided in Article A-3 of the Agreement – DESCRIPTION OF THE
PROJECT. The Construction Manager’s obligation to provide Services shall end no later than one year after the date of
Substantial Performance of the Work.

ARTICLE A-2 AGREEMENTS AND AMENDMENTS

2.1 This Contract supersedes all prior negotiations, representations or agreements, either written or oral, relating in any
manner to the Project.
2.2 This Contract may be amended only as provided in the Contract Documents.

CCDC 5B – 2010 1
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
ARTICLE A-3 DESCRIPTION OF THE PROJECT
3.1 The following is a description of the Project including intended use, scope, budget, schedule, phases if applicable, and
the anticipated date of Substantial Performance of the Work), and any other information which further generally
describes the nature of the Project and the Work:

2 CCDC 5B – 2010
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
ARTICLE A-4 CONTRACT DOCUMENTS
4.1 The following are the Contract Documents referred to in Article A-1 of the Agreement – THE SERVICES AND THE
WORK:
• the Agreement Between Owner and Construction Manager (including the Schedules to the Agreement)
• the Appendix – STIPULATED PRICE OPTION
• the Definitions
• the General Conditions
• the Construction Documents
*

* (Insert here, attaching additional pages if required, a list identifying all other Contract Documents)

CCDC 5B – 2010 3
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
ARTICLE A-5 CONSTRUCTION MANAGER’S FEE
5.1 The Construction Manager’s Fee shall be equal to the sum of the fee for the Services as specified in paragraph 5.2 and
the fee for the Work as described in paragraph 5.3.
5.2 The Construction Manager’s Fee for the Services is comprised of one or more of the following:
.1* A fixed amount of ________________________________________________________________________; and
.2* A percentage amount of _______________________ percent (____%) of the Construction Cost Estimate. Final
reconciliation payments shall be adjusted based on Class A Construction Cost Estimate; and
.3* An amount based on the time-based rates for personnel employed by the Construction Manager as described in
Schedule B to the Agreement and engaged in performing the Services to the level of effort agreed prior to the
commencement of the Services. The Owner may by written request require the Construction Manager to provide
prior to commencement of the Services an estimate of the total fee for Services to be performed based on the
time-based rates for evaluation and verification purposes.
* Strike out inapplicable paragraph(s). Reset

5.3 The Construction Manager’s Fee for the Work is comprised of one or more of the following:
.1 A percentage fee of _____________ percent ( _____ %) of the Cost of the Work earned as the Cost of the Work
accrues. In the event the Owner furnishes labour or material below market cost or materials are re-used beyond
that anticipated in the original scope of the Work, the Cost of the Work for purposes of establishing the
Construction Manager’s Fee for the Work is the cost of all materials and labour necessary to complete the Project
as if all materials had been new and as if all labour had been paid for at market prices at the time of construction
or, in the event that the construction does not proceed, at existing market prices at the anticipated time of
construction; and
.2 A fixed fee of _______________________________________________________________________________,
earned as follows:

 Delete inapplicable paragraph. Reset

5.4 The Construction Manager’s Fee shall be subject to adjustment as may be required in accordance with the provisions of
the Contract Documents listed in Article A-4 of the Agreement – CONTRACT DOCUMENTS.
5.5 All amounts are in Canadian funds.

ARTICLE A-6 REIMBURSABLE EXPENSES FOR THE SERVICES

6.1 The reimbursable expenses are the actual expenses, supported by receipts or invoices, that the Construction Manager
incurred in performing the Services, and as identified in Schedule A2 to the Agreement plus the administrative charge of
____________________ percent (_____%). If there are no receipts or invoices, the expenses shall be at rates
prevailing in the area of the Place of the Work and supported with suitable documentation.
6.2 The Owner may by written request require the Construction Manager to:
.1 provide prior to commencement of the Services an estimate of the total reimbursable expenses incurred by the
Construction Manager in performing the Services for evaluation and verification purposes; and
.2 inform the Owner in writing prior to incurring reimbursable expenses relating to the Services.
4 CCDC 5B – 2010
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version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
ARTICLE A-7 COST OF THE WORK
7.1 The Cost of the Work is the actual cost incurred by the Construction Manager in performing the Work and is limited to
the actual cost of the following:
.1 salaries, wages and benefits paid to personnel in the direct employ of the Construction Manager under a salary or
wage schedule agreed upon by the Owner and the Construction Manager, or in the absence of such a schedule,
actual salaries, wages and benefits paid under applicable bargaining agreement, and in the absence of a salary or
wage schedule and bargaining agreement, actual salaries, wages and benefits paid by the Construction Manager, for
personnel
(1) stationed at the Place of the Work, in whatever capacity employed;
(2) engaged in expediting the production or transportation of material or equipment, at shops or on the road;
(3) engaged in the preparation or review of Shop Drawings, fabrication drawings and coordination drawings; or
(4) engaged in the processing of changes in the Work.
.2 contributions, assessments or taxes incurred for such items as employment insurance, provincial or territorial health
insurance, workers' compensation, and Canada or Quebec Pension Plan, insofar as such cost is based on wages,
salaries or other remuneration paid to employees of the Construction Manager and included in the cost of the Work
as provided in paragraph 7.1.1;
.3 travel and subsistence expenses of the Construction Manager's personnel described in paragraph 7.1.1;
.4 all Products including cost of transportation thereof;
.5 materials, supplies, Construction Equipment, Temporary Work, and hand tools not owned by the workers, including
transportation and maintenance thereof, which are consumed in the performance of the Work; and cost less salvage
value on such items used but not consumed, which remain the property of the Construction Manager;
.6 all tools and Construction Equipment, exclusive of hand tools used in the performance of the Work, whether rented
from or provided by the Construction Manager or others, including installation, minor repairs and replacements,
dismantling, removal, transportation, and delivery cost thereof;
.7 the Construction Manager’s field office;
.8 deposits lost provided that they are not caused by negligent acts or omissions of the Construction Manager and the
Services are performed in accordance with this Contract;
.9 the amounts of all contracts or written agreements with Subcontractors and Suppliers and the unrecoverable costs to
the Construction Manager that result from any Subcontractor’s or Supplier’s default, insolvency or abandonment;
termination of any Subcontractor’s or Supplier’s right to perform due to default by the Subcontractor or Supplier;
or termination of any Subcontractor’s or Supplier’s contract due to default by the Subcontractor or Supplier;
.10 quality assurance such as independent inspection and testing services;
.11 charges levied by authorities having jurisdiction at the Place of the Work;
.12 royalties, patent license fees and damages for infringement of patents and cost of defending suits therefor subject
always to the Construction Manager's obligations to indemnify the Owner as provided in paragraph 10.3.1 of GC
10.3 – PATENT FEES;
.13 premiums for all contract securities and insurance that the Construction Manager is required, by the Contract
Documents, to purchase and maintain;
.14 taxes, other than Value Added Taxes, and duties relating to the Work for which the Construction Manager is liable;
.15 charges for long distance communications, courier services, expressage, printing, and reproduction incurred in
relation to the performance of the Work;
.16 removal and disposal of waste products and debris;
.17 the cost of safety measures and requirements;
.18 legal costs, incurred by the Construction Manager in relation to the performance of the Work provided that they are
not caused by negligent acts or omissions of the Construction Manager and the Work is performed in accordance
with this Contract;
.19 the cost of financing the Work in accordance with the method determined by the parties and identified in Article A-
3 of the Agreement – DESCRIPTION OF THE PROJECT;
CCDC 5B – 2010 5
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
.20 the cost of auditing when requested by the Owner;
.21 the cost of project-specific information technology and usage in accordance with the method determined by the
parties in writing;
.22 the cost of removal or containment of toxic or hazardous substances pursuant to GC 9.2 – TOXIC AND
HAZARDOUS SUBSTANCES;
.23 other costs incurred in the performance of the Work as listed below:

7.2 The Cost of the Work excludes Value Added Taxes and shall be at rates prevailing in the locality of the Place of the
Work, except with the prior consent of the Owner.
7.3 Any costs incurred by the Construction Manager due to failure on the part of the Construction Manager to exercise
reasonable care and diligence in the Construction Manager’s attention to the Work shall be borne by the Construction
Manager.
7.4 All cash discounts shall accrue to the Construction Manager unless the Owner deposits funds with the Construction
Manager with which to make payments, or where the Owner pays the costs of financing the Work, in which case the
cash discounts shall accrue to the Owner.
7.5 All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment applicable to the
Work shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be secured.
7.6 The Owner may by written request require the Construction Manager to:
.1 provide prior to commencement of the Work an estimate of the total Cost of the Work for evaluation and verification
purposes; and
.2 inform the Owner in writing prior to incurring reimbursable expenses relating to the Cost of the Work.

ARTICLE A-8 OPTIONS

8.1 The Owner and the Construction Manager may agree to exercise the options described in paragraph 8.2, 8.3 or 8.4 at the
time of signing of this Contract or any time during the term of the Contract. Any agreement to exercise any of the
following options after the signing of this Contract shall be recorded by a Change Order.

8.2 GUARANTEED MAXIMUM PRICE (GMP) OPTION

The sum of the Price of the Services and the Price of the Work are guaranteed by the Construction Manager not to exceed
__________________________________________________________________________________________

_________________________________________________________________/100 dollars ($ _ ),

subject to the adjustment as provided in GC 6.1 – OWNER’S RIGHT TO MAKE CHANGES, GC 6.2 – CHANGE
ORDER or GC 6.3 – CHANGE DIRECTIVE. Any amount, consisting of the sum of the Price of the Services and the
Price of the Work, in excess of this Guaranteed Maximum Price will be paid by the Construction Manager without
reimbursement by the Owner.

8.3 GUARANTEED MAXIMUM PRICE PLUS % COST SAVINGS OPTION

The Price of the Services and the Price of the Work are guaranteed by the Construction Manager not to exceed _______
__________________________________________________________________________________________

_________________________________________________________________/100 dollars ($ _ ),

subject to the adjustment as provided in GC 6.1 – OWNER’S RIGHT TO MAKE CHANGES, GC 6.2 – CHANGE
ORDER or GC 6.3 – CHANGE DIRECTIVE.

6 CCDC 5B – 2010
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
At the conclusion of the Project,
.1 any amount, consisting of the sum of the Price of the Services and the Price of the Work, in excess of this
Guaranteed Maximum Price will be paid by the Construction Manager without reimbursement by the Owner.
.2 if the sum of the Price of the Services and the Price of the Work is less than this Guaranteed Maximum Price, the
difference will be disbursed as follows:
(1) retained by the Owner: ________%
(2) paid to the Construction Manager:________%

8.4 STIPULATED PRICE OPTION

The Owner and the Construction Manager may agree to change this Contract to a stipulated price contract, in
accordance with the amendments as provided in the Appendix – STIPULATED PRICE OPTION.

ARTICLE A-9 PAYMENT

9.1 Where required by provincial or territorial legislation, payments shall be subject to the lien legislation applicable to the
Place of the Work. The Owner shall pay the Construction Manager:
.1 payments on account of the Construction Manager’s Fee for the Services earned as described in Article A-5 of the
Agreement – CONSTRUCTION MANAGER’S FEE together with such Value Added Taxes as may be applicable
to such payments, and
.2 payments on account of the reimbursable expenses for the Services earned as described in Article A-6 of the
Agreement – REIMBURSABLE EXPENSES FOR THE SERVICES together with such Value Added Taxes as may
be applicable to such payments,
.3 payments on account of the Price of the Work when due in the amount certified by the Consultant together with
such Value Added Taxes as may be applicable to such payments,
.4 upon Substantial Performance of the Work, the unpaid balance of the holdback amount when due together with such
Value Added Taxes as may be applicable to such payment, and
.5 upon the issuance of the final certificate for payment, the unpaid balance of the Construction Manager’s Fee for the
Services, the reimbursable expenses for the Services, and the Price of the Work when due together with such Value
Added Taxes as may be applicable to such payment.
9.2 In the event of loss or damage occurring where payment becomes due under the property and boiler insurance policies,
payments shall be made to the Construction Manager in accordance with the provisions of GC 11.1 – INSURANCE.
9.3 Interest
.1 Should either party fail to make payments as they become due under the terms of this Contract or in an award by
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 9.3.1 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.

CCDC 5B – 2010 7
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
ARTICLE A-10 RECEIPT OF AND ADDRESSES FOR NOTICES IN WRITING
10.1 Notices in Writing will be addressed to the recipient at the address set out below.
10.2 The delivery of a Notice in Writing will be by hand, by courier, by prepaid first class mail, or by facsimile or other form
of electronic communication during the transmission of which no indication of failure of receipt is communicated to the
sender.
10.3 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 shall be deemed to have been
received 5 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 shall be deemed to have been received on the Working Day next following such day.
10.4 A Notice in Writing sent by facsimile or other form of electronic communication shall 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 shall 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.
10.5 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.

Owner

name of Owner*

address

facsimile number email address

Construction Manager

name of Construction Manager*

address

facsimile number email address

Consultant

name of Consultant*

address

facsimile number email address

* If it is intended that the notice must be received by a specific individual, that individual’s name shall be indicated.
8 CCDC 5B – 2010
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
ARTICLE A-11 LANGUAGE OF THE CONTRACT
11.1 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.

11.2 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-12 SUCCESSION

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

In witness whereof the parties hereto have executed this Agreement by their respective hands or 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

signature signature

name of person signing name and title of person signing

WITNESS CONSTRUCTION MANAGER

name of Construction Manager

signature signature

name of person signing name and title of person signing

signature signature

name of person signing name and title of person signing

N.B. Where legal jurisdiction, local practice or Owner or Construction Manager 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 5B – 2010 9
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
SCHEDULE A1 TO THE AGREEMENT – SERVICES AND COMPENSATION

or someone other than the

1. PRECONSTRUCTION

Performed by the Owner

Construction Manager

Construction Manager
(*Note:

Performed by the
F1 Included in the fixed amount as described in paragraph 5.2.1 of Article A-5 – CONSTRUCTION MANAGER’S FEE.

Not Applicable
F2 Included in the percentage amount as described in paragraph 5.2.2 of Article A-5 – CONSTRUCTION MANAGER’S FEE.

(*F1/F2/F3)
F3 Fee to the Construction Manager based on time-based rates as described in paragraph 5.2.3 of Article A-5 – CONSTRUCTION
MANAGER’S FEE.)

1.1 General Services

F3
.1 Attend regular Project meetings with the Owner and the Consultant. Reset

(2) Advise the Owner if it appears that the Construction Cost Estimate may exceed the Project budget,
and make recommendation for corrective action.
F3
.2 Scheduling: Prepare a preliminary overall Project schedule.
1.3 Schematic Design Phase
.1 Constructability: Provide advice on site use and possible improvements, selection of materials, F3
assembly systems, and, equipment and provide recommendations on construction feasibility,
availability of materials and labour, time requirements for installation and construction, and factors
related to alternative designs and possible economies.
.2 Estimating: F3
(1) Prepare a Class C Construction Cost Estimate at the end of the Schematic Design Phase.
(2) Advise the Owner if it appears that the Construction Cost Estimate may exceed the Project budget, Reset

and make recommendation for corrective action.

.3 Scheduling: Prepare, in consultation with the Consultant and the Owner, a preliminary Project F3
schedule for the Owner's review; such Project schedule shall take into consideration the sequence and
timing of the required basic program decisions, including anticipated design time, approval period,
preparation of documentation, bid calls and subsequent evaluations, trade contract awards, on-site
construction activities, and the anticipated date of Substantial Performance of the Work.
.4 Other Services: Assist in providing liaison and coordination among government authorities, utility F3
companies, and other authorities having jurisdiction over the Place of the Work.
1.4 Design Development Phase
.1 Constructability: F3
(1) Provide updates as necessary regarding the availability of materials and labour, building systems,
and possible economies.
(2) Make recommendations to the Owner and the Consultant regarding the scope of Work packages
and Work to be performed by the Construction Manager’s own forces to help facilitate the
subsequent bidding and awarding of Subcontractor and Supplier contracts. Reset

(3) Review the Specifications and Drawings and, at the end of the Design Development Phase, make
recommendations to the Owner and the Consultant as to constructability and coordination among
the Subcontractors.
F3
.2 Estimating and Cost Control:
(1) Prepare a Class B Construction Cost Estimate at the end of the Design Development Phase.
(2) Advise the Owner if it appears that the Construction Cost Estimate may exceed the Project budget,
and make recommendations for corrective action.
(3) Establish a cost control program and prepare a cash flow forecast for the Project.

10 CCDC 5B – 2010
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
SCHEDULE A1 TO THE AGREEMENT – SERVICES AND COMPENSATION

Performed by the Owner or

1. PRECONSTRUCTION

someone other than the

Construction Manager

Construction Manager
(*Note:
F1 Included in the fixed amount as described in paragraph 5.2.1 of Article A-5 – CONSTRUCTION MANAGER’S FEE.

Performed by the
F2 Included in the percentage amount as described in paragraph 5.2.2 of Article A-5 – CONSTRUCTION MANAGER’S FEE.

Not Applicable
F3 Fee to the Construction Manager based on time-based rates as described in paragraph 5.2.3 of Article A-5 – CONSTRUCTION

(*F1/F2/F3)
MANAGER’S FEE.)

.3 Scheduling: F3 Reset

(1) Review and update the Project schedule with appropriate details.
(2) Advise the Owner if it appears that the Project schedule may vary from that specified in Article A-
3 of the Agreement – DESCRIPTION OF THE PROJECT or otherwise agreed with the Owner,
and make recommendations for corrective action.
(3) Make recommendations to the Owner regarding any equipment or materials which should be pre-
ordered to meet the Project schedule.
1.5 Construction Document Phase
.1 Constructability: F3
(1) Provide updates as necessary regarding the availability of materials and labour, building systems,
and possible economies.
(2) Review the Specifications and Drawings and make recommendations to the Owner and the
Consultant as to clarity, consistency, constructability, and coordination among the Subcontractors.
(3) Assist the Owner and the Consultant in preparing bid documents for Subcontractors.
(4) Assist the Owner in determining the contract security requirements of Subcontractors.
.2 Estimating and Cost Control: F3
(1) Update the Class B Construction Cost Estimate at defined intervals of Construction Documents
completion.
(2) Prepare a Class A Construction Cost Estimate at the end of the Construction Document Phase. Reset

(3) Update the cash flow forecasts for the Project.

(4) Advise the Owner if it appears that the Construction Cost Estimate may exceed the Project budget,
and make recommendations for corrective action.
.3 Scheduling: F3
(1) Review and update the Project schedule with appropriate details.
(2) Advise the Owner if it appears that the Project schedule may vary from that specified in Article A-3
of the Agreement – DESCRIPTION OF THE PROJECT or otherwise agreed with the Owner, and
make recommendations for corrective action, including changes to Project scope, schedule or
budget.
.4 Other Services: F3
(1) Make recommendations to the Owner regarding any equipment or materials which should be pre-
ordered to meet the Project objective.
1.6 Construction Procurement Phase
.1 Scheduling: F3
(1) Review and update the Project schedule with appropriate details.
.2 Contracting: F3
(1) Develop methods of solicitation for Subcontractors and the distribution of addenda. Reset
(2) Prepare the prequalification criteria for Subcontractors and Suppliers as required by the Owner.
(3) Review for completeness and coordinate all bid documents for the solicitation of competitive bids
for the Work to be performed by Subcontractors.
.3 Other Service: F3
(1) Update the cash flow forecasts for the Project.

CCDC 5B – 2010 11
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
SCHEDULE A1 TO THE AGREEMENT – SERVICES AND COMPENSATION

Performed by the Owner or

2. CONSTRUCTION

someone other than the

Construction Manager

Construction Manager
(*Note:

Not Applicable
Performed by the
F1 Included in the fixed amount as described in paragraph 5.2.1 of Article A-5 – CONSTRUCTION MANAGER’S FEE.
F2 Included in the percentage amount as described in paragraph 5.2.2 of Article A-5 – CONSTRUCTION MANAGER’S FEE.

(*F1/F2/F3)
F3 Fee to the Construction Manager based on time-based rates as described in paragraph 5.2.3 of Article A-5 – CONSTRUCTION
MANAGER’S FEE.)

2.1 General Service

.1 Chair and minute regular Project meetings with the Owner and the Consultant. F3 Reset

2.2 Cost Control and Accounting

.1 Prepare and update the Construction Cost and cash flow forecasts in accordance with the Project budget F3
as specified in Article A-3 of the Agreement – DESCRIPTION OF THE PROJECT or otherwise agreed
with the Owner.
F3
.2 Develop, implement and maintain a system of Project cost control and accounting. Reset

.3 Advise the Owner and the Consultant on the variances between actual cost and Construction Cost F3
Estimate.
.4 Provide reasonable assistance and information to permit recovery of all tax rebates where applicable. F3
.5 Provide recommendations to the Owner for necessary changes to maintain the Project budget and Project F3
schedule.

3. POST-CONSTRUCTION

3.1 General Service

.1 Prepare final Construction Cost report. F3 Reset

3.2 Occupancy Review

F3
.1 Assist the Owner in conducting post-construction occupancy review.
Reset

12 CCDC 5B – 2010
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
SCHEDULE A2 – REIMBURSABLE EXPENSES APPLICABLE TO SCHEDULE A1

Unless otherwise agreed to by the parties or as indicated in the following table, all expense items relating to Services are
included in the Construction Manager’s Fee for the Services as described in paragraph 5.2 of Article of the Agreement A-5 –
CONSTRUCTION MANAGER’S FEE.

Construction Manager’s
Costs Included in the

Expenses (A-6)
Reimbursable
Fee (A-5.2)
1. Travel and subsistence expenses of the Construction Manager's personnel outside a radius of 50km
from the Place of the Work.
2. Charges for long distance telephone and facsimile communications, courier services, reproduction
of Contract Documents incurred in relation to the performance of this Contract.
3. The cost of Project specific information technology support in accordance with the method
determined by the parties.
4. Deposits lost provided that they are not caused by negligent acts or omissions of the Construction
Manager and the Services are performed in accordance with this Contract.
5. The costs to the Construction Manager that result from any Subcontractor’s insolvency or failure
to perform.
6. Charges levied by authorities having jurisdiction at the Place of the Work.
7. Royalties, patent licence fees and damages for infringement of patents and cost of defending suits
therefore.
8. Any adjustment in taxes and duties directly related to the Project for which the Construction
Manager is liable.
9. Losses and expenses sustained by the Construction Manager for matters which are the subject of
the insurance coverages obtained pursuant to GC 11.1 – INSURANCE when such losses and
expenses are not recoverable because the amounts are in excess of collectible amounts, within the
deductible amounts or are not insurable.
10. The costs incurred due to emergencies affecting the safety of persons or property.
11. Legal costs, incurred by the Construction Manager in relation to the performance of the Services
provided that they are not caused by negligent acts or omissions of the Construction Manager and
the Services are performed in accordance with this Contract.
12. Such other costs directly incurred by the Construction Manager in the performance of this
Contract as follows:

CCDC 5B – 2010 13
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
SCHEDULE B – TIME-BASED RATES FOR PERSONNEL EMPLOYED BY THE CONSTRUCTION MANAGER

Personnel employed by the Construction Manager in the performance of the Services and Work. Unit Rate

14 CCDC 5B – 2010
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
DEFINITIONS
The following Definitions apply to this Contract Documents. References in the definition to the singular shall be considered to
include the plural as the context requires.
Class A Construction Cost Estimate
The Class A Construction Cost Estimate is an estimate of the Construction Cost based on the completed Contract Documents.
Class A Construction Cost Estimate is the final estimate before the bid or proposal call. Class A Construction Cost Estimate
shall be presented in elemental format and include labour and material costs, allowance for all costs resulting from the Project
schedule, all actual associated costs, including cash allowances, contingencies, allowances for design, escalation, market
conditions and anticipated amendment amounts as applicable.
Class B Construction Cost Estimate
The Class B Construction Cost Estimate is an estimate of the Construction Cost with a level of precision that is based on the
degree of completion of the Contract Documents at the time of preparation of the estimate. The Class B Construction Cost
Estimate is typically prepared when all site or installation investigations are completed and the design of the major systems and
sub-systems of the Project (including outline specifications and preliminary drawings and models) are well underway. Class
B Construction Cost Estimate shall be presented in elemental format and include labour and material costs, allowance for all
costs resulting from the Project schedule, all actual associated costs, including cash allowances, contingencies, allowances for
design, escalation, market conditions and anticipated amendment amounts as applicable.
Class C Construction Cost Estimate
The Class C Construction Cost Estimate is an estimate of the Construction Cost based on updated Owner requirements,
general description of the Project, preliminary site information and existing conditions, and takes into consideration market
conditions as well as basic implementation logistics. Class C Construction Cost Estimate shall include labour and material
costs and the Owner’s construction contingencies and allowances.
Class D Construction Cost Estimate
The Class D Construction Cost Estimate is an estimate of the Construction Cost based on the Owner’s functional requirements
to the degree known at the time. The Class D Construction Cost Estimate shall as a minimum be based on historical cost data
for similar projects, suitably adjusted for such factors as inflation, location, risk, quality, size, and time. All related factors
affecting cost are considered to the extent possible. The Class D Construction Cost Estimate provides the Owner an indication
of the order of magnitude of the Construction Cost for a project completed within the estimated completion date, and shall
include labour and material costs and the Owner’s construction contingencies and allowances.
Change Directive
A Change Directive is a written instruction prepared by the Consultant and signed by the Owner directing the Construction
Manager to proceed with a change in the Work within the general scope of this Contract prior to the Owner and the
Construction Manager agreeing upon an adjustment in any or all of the Construction Manager’s Fee, the Guaranteed
Maximum Price and the Contract Time.
Change Order
A Change Order is a written amendment to this Contract prepared by the Consultant and signed by the Owner and the
Construction Manager stating their agreement upon:
- a change in the Services;
- a change in the Work;
- the method of adjustment or the amount of the adjustment in the Construction Manager’s Fee, if any;
- the method of adjustment or the amount of the adjustment in the Guaranteed Maximum Price, if any;
- the extent of the adjustment in the Contract Time, if any; and
- the options described in Article A-8 of the Agreement – OPTIONS.
Construction Cost
Construction Cost means the actual cost of all elements of the Project including all applicable taxes but excluding the
applicable value added taxes, whether recoverable or not. Construction Cost does not include the Construction Manager’s
Fee, the reimbursable expenses for the Services as described in Article A-6 of the Agreement – REIMBURSABLE
EXPENSES FOR THE SERVICES and the compensation of the Consultant.
Construction Cost Estimate
Construction Cost Estimate is either a Class A Construction Cost Estimate, a Class B Construction Cost Estimate, a Class C
Construction Cost Estimate, or a Class D Construction Cost Estimate, as the context shall require and is prepared with a level
of precision commensurate with the level of detail of information available at the time.

CCDC 5B – 2010 15
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
Construction Documents
The Construction Documents consist of the Specifications and Drawings that are consistent with the Contract Documents and
are prepared by the Consultant and accepted by the Owner after execution of the Agreement for the performance of the Project.
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.
Construction Manager
The Construction Manager is the person or entity identified as such in the Agreement.
Construction Manager’s Fee
The Construction Manager’s Fee is the Construction Manager’s fee for performing the Services and the Work and the amount
is as stipulated in Article A-5 of the Agreement – CONSTRUCTION MANAGER’S FEE.
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-4 of the Agreement – CONTRACT DOCUMENTS
and amendments agreed upon between the parties.
Contract Time
The Contract Time is the time stipulated in paragraph 1.3 of Article A-1 of the Agreement – THE SERVICES AND THE
WORK.
Cost of the Work
The Cost of the Work is the amount stipulated in Article A-7 of the Agreement – COST OF THE WORK which excludes Value
Added Taxes.
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.
Guaranteed Maximum Price
The Guaranteed Maximum Price is the amount, if any, stipulated in paragraphs 8.2 or 8.3 of Article A-8 of the Agreement –
OPTIONS which excludes Value Added Taxes. In the event that no amount is stipulated in paragraphs 8.2 or 8.3 of Article A-8
of the Agreement – OPTIONS, the provisions pertinent to the Guaranteed Maximum Price, wherever they appear in this
Contract, shall be individually inoperative and considered as deleted from this agreement.
Notice in Writing
A Notice in Writing, where identified in this Contract, is a written communication between the parties or between them and the
Consultant that is transmitted in accordance with the provisions of Article A-10 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.
Place of the Work
The Place of the Work is the designated site or location of the Work identified in the Agreement.
Price of the Services
The Price of the Services, which excludes Value Added Taxes, is the sum of the Construction Manager’s Fee for the Services
as stipulated in paragraph 5.2 of Article A-5 – CONSTRUCTION MANAGER’S FEE and the reimbursable expenses for the
Services as stipulated in paragraph 6.1 of Article A-6 of the Agreement – REIMBURSABLE EXPENSES FOR THE
SERVICES.
Price of the Work
The Price of the Work, which excludes Value Added Taxes, is the sum of the Construction Manager’s Fee for the Work as
stipulated in paragraph 5.3 of Article A-5 – CONSTRUCTION MANAGER’S FEE and the Cost of the Work.
16 CCDC 5B – 2010
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
Product
Product means material, machinery, equipment, and fixtures incorporated into the Work, but does not include Construction
Equipment.
Project
The Project means the total construction as described in Article A-3 of the Agreement – DESCRIPTION OF THE PROJECT
contemplated by the Owner of which the Work may be the whole or a part.
Services
The Services means all services described in Schedule A1 to the Agreement – SERVICES AND COMPENSATION to be
performed by the Construction Manager under this Contract.
Shop Drawings
Shop Drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures, Product data, and other data
which the Construction Manager 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 Construction Manager 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. If such legislation
is not in force or does not contain such definition, or if the Work is governed by the Civil Code of Quebec, Substantial
Performance of the Work shall have been reached when the Work is ready for use or is being used for the purpose intended and
is so certified by the Consultant.
Supplemental Instruction
A Supplemental Instruction is an instruction, not involving adjustment in the Price of the Work 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 Construction Manager 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 sums as shall be levied upon the Owner’s payment to the Construction Manager by the Federal
or any Provincial or Territorial government and is computed as a percentage of such payment and includes the Goods and
Services Tax, the Quebec Sales Tax, the Harmonized Sales Tax, and any other similar tax, the collection and payment of which
have been imposed on the Construction Manager by the tax legislation.
Work
The Work means the total construction and related services to be performed by the Construction Manager as required by the
Contract Documents but does not include Services.
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 5B – 2010 17
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
Standard Construction Document CCDC 5B – 2010
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 Construction Manager in accordance with these documents. It is not intended, however, that the
Construction Manager shall supply products or perform services or work not consistent with, not covered by, or not
properly inferable from the Contract Documents.
1.1.2 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 of the Work.
.2 the Consultant and the Construction Manager, a Subcontractor, a Supplier, or their agent, employee or other person
performing any of the Work.
1.1.3 The components of the Contract Documents are complementary, and what is required by any one shall be as binding as
if required by all.
1.1.4 Words and abbreviations which have well known technical or trade meanings are used in the Contract Documents in
accordance with such recognized meanings.
1.1.5 Neither the organization of the Specifications nor the arrangement of Drawings shall control the Construction Manager
in dividing the work among Subcontractors and Suppliers.
1.1.6 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 the Owner and the Construction Manager (including the Schedules to the Agreement),
- the Definitions,
- Supplementary Conditions, if any
- the General Conditions,
- the Construction Documents
• Division 1 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 later dated documents shall govern over earlier documents of the same type.
.5 noted materials and annotations shall govern over graphic indications.
1.1.7 The Owner shall provide the Construction Manager, without charge, sufficient copies of the Construction Documents to
perform the Work.
1.1.8 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 this 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.
1.1.9 Models furnished by the Construction Manager 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

CCDC 5B – 2010 18
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 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, Consultant or Construction Manager shall constitute a waiver of any right or
duty afforded either of the parties to this 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 prior written consent of the other,
which consent shall not be unreasonably withheld.

GC 1.5 PERFORMANCE OF THE SERVICES

1.5.1 Architectural or engineering aspects of the Project shall not be the responsibility of the Construction Manager. In
providing Services, the Construction Manager assumes no responsibility for the performance of the Consultant nor offers
any professional design advice.
1.5.2 Notwithstanding any other provisions of this Contract, the Construction Manager shall be deemed not to assume any
duties nor responsibilities as agent of the Owner.

GC 1.6 PROJECT REPRESENTATIVES

1.6.1 The Owner, Construction Manager and Consultant may appoint one or more project representatives to assist in carrying
out their responsibilities under this Contract. The duties, responsibilities and limitations of authority of such project
representatives shall be as set forth in writing.

PART 2 ADMINISTRATION OF THE CONTRACT

GC 2.1 OWNER’S RESPONSIBILITIES

2.1.1 The Owner shall:
.1 provide full and timely information and approvals regarding the requirements of the Project for the orderly progress
of the Services and the Work;
.2 review documents submitted by the Construction Manager and give the Construction Manager timely decisions for
the orderly progress of the Services and the Work;
.3 furnish promptly to the Construction Manager all information that is available or requested by the Construction
Manager regarding the Place of the Work including surveys as to the physical characteristics of the site, soils reports,
subsurface investigations, legal limitations, utility locations, and legal description. Subject to paragraph 9.1.2 of GC
9.1 – PROTECTION OF WORK AND PROPERTY, the Construction Manager shall be entitled to rely on such
information;
.4 designate in writing a representative who shall be fully acquainted with the Work; and shall have the authority to act
on the Owner’s behalf in relation to all duties and responsibilities of the Owner under this Contract;
.5 retain the Consultant who shall be responsible for the design and design related services required for the Work;
.6 inform the Construction Manager of the scope and terms of the Consultant’s services;
.7 inform the Consultant of the scope and terms of the Services and the Work;
.8 immediately notify the Construction Manager if the Owner observes or otherwise becomes aware of any fault or
defect in the Project or any non-conformity with the requirements of the Contract; and
.9 coordinate and facilitate the Services of the Construction Manager and the Consultant’s services.

GC 2.2 AUTHORITY OF THE CONSULTANT

2.2.1 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 2.2.2.
2.2.2 The duties, responsibilities and limitations of authority of the Consultant as set forth in the Contract Documents may be
modified or extended only with the written consent of the Construction Manager following consultation with the
Consultant.
2.2.3 If the Consultant’s employment is terminated, the Owner shall immediately appoint or reappoint a Consultant against
whom the Construction Manager makes no reasonable objection and whose duties, responsibilities and limitations of
authority under the Contract Documents will be that of the former Consultant.

CCDC 5B – 2010 19
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
GC 2.3 CONSULTANT’S RESPONSIBILITIES
2.3.1 The Consultant will provide administration of the Work as described in the Contract Documents.
2.3.2 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.
2.3.3 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 Construction Manager.
2.3.4 The Consultant will promptly inform the Owner of the date of receipt of the Construction Manager’s applications for
payment for the Work performed as provided in paragraph 5.4.7.1 of GC 5.4 – PROGRESS PAYMENT FOR THE
WORK.
2.3.5 Based on the Consultant's observations and evaluation of the Construction Manager's applications for payment for the
Work performed, the Consultant will determine the amounts owing to the Construction Manager for the Price of the
Work and will issue certificates for payment as provided in Article A-9 of the Agreement – PAYMENT, GC 5.4 –
PROGRESS PAYMENT FOR THE WORK and GC 5.8 – FINAL PAYMENT FOR THE WORK.
2.3.6 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 Construction Manager's failure to carry out the Work in
accordance with the Contract Documents. The Consultant will not have control over, charge of or be responsible for
the acts or omissions of the Construction Manager, Subcontractors, Suppliers, or their agents, employees, or any other
persons performing portions of the Work.
2.3.7 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 Work.
2.3.8 Matters in question relating to the performance of the Work or the interpretation of the Contract Documents, except with
respect to the scope, fee and reimbursable expenses of the Services, 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.
2.3.9 Interpretations and findings of the Consultant shall be consistent with the intent of the Contract Documents as they
relate to the Work. In making such interpretations and findings the Consultant will not show partiality to either the
Owner or the Construction Manager.
2.3.10 The Consultant’s interpretations and findings will be given in writing to the parties within a reasonable time.
2.3.11 With respect to claims for a change in Price of the Work, the Consultant will make findings as set out in GC 6.6 –
CLAIMS FOR A CHANGE IN CONSTRUCTION MANAGER’S FEE FOR THE SERVICES, THE PRICE OF THE
WORK OR THE GUARANTEED MAXIMUM PRICE.
2.3.12 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 Construction Manager,
Subcontractor, Suppliers, or their agents, employees, or other persons performing any of the Work.
2.3.13 During the progress of the Work the Consultant will furnish Supplemental Instructions to the Construction Manager
with reasonable promptness or in accordance with a schedule for such instructions agreed to by the Consultant and the
Construction Manager.
2.3.14 The Consultant will review and take appropriate action upon Shop Drawings, samples and other Construction
Manager’s submittals which are provided in accordance with the Construction Documents.
2.3.15 The Consultant will prepare Change Orders and Change Directives as provided in GC 6.2 – CHANGE ORDER and
GC 6.3 – CHANGE DIRECTIVE.
2.3.16 The Consultant will conduct reviews of the Work to determine the date of Substantial Performance of the Work as
provided in GC 5.5 – SUBSTANTIAL PERFORMANCE OF THE WORK.

20 CCDC 5B – 2010
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
2.3.17 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.
2.3.18 The Consultant will receive and review written warranties and related documents required by the Contract and provided
by the Construction Manager and will forward such warranties and documents to the Owner for the Owner's
acceptance.

GC 2.4 REVIEW AND INSPECTION OF THE WORK

2.4.1 The Construction Manager shall provide the Owner and the Consultant access to the Work at all times. The
Construction Manager 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.
2.4.2 If work is designated for tests, inspections or approvals in the Contract Documents, or by the Consultant’s instructions,
or by the laws or ordinances of the Place of the Work, the Construction Manager shall give the Consultant reasonable
notification of when the work will be ready for review and inspection. The Construction Manager shall arrange for and
shall give the Consultant reasonable notification of the date and time of inspections by other authorities.
2.4.3 The Construction Manager shall furnish promptly to the Consultant two copies of certificates and inspection reports
relating to the Work.
2.4.4 If the Construction Manager 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
Construction Manager shall, if so directed, uncover such work, have the inspections or tests satisfactorily completed,
and make good covering work at the Construction Manager’s expense.
2.4.5 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 Construction Manager shall correct the work and pay the cost of examination and
correction at the Construction Manager’s expense. If the work is in accordance with the requirements of the Contract
Documents, the Owner shall pay the cost of examination and restoration.

GC 2.5 DEFECTIVE WORK

2.5.1 The Construction Manager 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 has been incorporated in the Work and whether
or not the defect is the result of poor workmanship, use of defective products or damage through carelessness or other
act or omission of the Construction Manager. Subject to paragraph 7.1.9 of Article A-7 of the Agreement – COST OF
THE WORK, the correction of defective work shall be at the Construction Manager’s expense.
2.5.2 The Construction Manager shall promptly make good other contractors' work destroyed or damaged by such removals
or replacements. Subject to paragraph 7.1.9 of Article A-7 of the Agreement – COST OF THE WORK, the correction
of destroyed or damaged work shall be at the Construction Manager’s expense.
2.5.3 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 Construction Manager the
difference in value between the work as performed and that called for by the Contract Documents. If the Owner and the
Construction Manager do not agree on the difference in value, they shall refer the matter to the Consultant for a finding.

PART 3 PERFORMANCE OF THE SERVICES AND EXECUTION OF THE WORK

GC 3.1 CONTROL OF THE WORK

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

CCDC 5B – 2010 21
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
GC 3.2 CONSTRUCTION BY 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 Owner’s own forces with the Work;
.2 assume overall responsibility for compliance with the applicable health and construction safety legislation at the
Place of the Work;
.3 enter into separate contracts with other contractors under conditions of contract which are compatible with the
conditions of the Contract;
.4 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 Construction Manager as it affects the Work;
and
.5 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 Construction Manager shall:
.1 afford the Owner and other contractors reasonable opportunity to store their products and execute their work;
.2 cooperate with other contractors and the Owner in reviewing their construction schedules; and
.3 promptly report 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 the Contract Documents identify work to be performed by other contractors or the Owner’s own forces, the
Construction Manager shall co-ordinate and schedule the Work with the work of other contractors and the Owner’s own
forces as specified in the Contract Documents.
3.2.5 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.
3.2.6 Disputes and other matters in question between the Construction Manager 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 Construction Manager shall be deemed to have consented to arbitration of any dispute with any
contractor whose contract with the Owner contains a similar agreement to arbitrate.

GC 3.3 TEMPORARY WORK

3.3.1 The Construction Manager shall have the sole responsibility for the design, erection, operation, maintenance, and
removal of Temporary Work.
3.3.2 The Construction Manager 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, paragraph 3.3.1 and paragraph 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 Construction Manager shall not be held responsible for that
part of the design or the specified method of construction. The Construction Manager 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.

22 CCDC 5B – 2010
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
GC 3.4 REVIEW OF DRAWINGS, SPECIFICATIONS AND MATERIAL AND FINISH SCHEDULES
3.4.1 The Construction Manager shall review the Drawings, Specifications and material and finish schedules and shall report
promptly to the Consultant any error, inconsistency or omission the Construction Manager may discover. If the
Construction Manager does discover any error, inconsistency or omission in the Drawings, Specifications and material
and finish schedules, the Construction Manager shall not proceed with the work affected until the Construction
Manager has received corrected or missing information from the Consultant.
3.4.2 The review of Drawings, Specifications and material and finish schedules under paragraph 3.4.1 shall be to the best of
the Construction Manager’s knowledge, information and belief. In making such review the Construction Manager
assumes no responsibility for the accuracy of the review. The Construction Manager shall not be liable for any damage
or costs resulting from errors, inconsistencies or omissions, which the Construction Manager did not discover.

GC 3.5 CONSTRUCTION SCHEDULE

3.5.1 The Construction Manager 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 that 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 construction schedule on a
monthly basis or as stipulated by the Contract Documents; and
.3 advise the Consultant of any revisions required to the construction schedule as the result of extensions of the
Contract Time as provided in Part 6 of the General Conditions – CHANGES.

GC 3.6 SUPERVISION
3.6.1 The Construction Manager shall provide all necessary supervision and appoint a competent representative who shall be
in attendance at the Place of the Work while work is being performed. The Construction Manager may appoint a new
representative for a valid reason and to whom the Owner makes no reasonable objection.
3.6.2 The appointed representative shall represent the Construction Manager at the Place of the Work. Information and
instructions provided by the Consultant to the Construction Manager’s appointed representative shall be deemed to
have been received by the Construction Manager, except with respect to Article A-10 of the Agreement – RECEIPT OF
AND ADDRESSES FOR NOTICES IN WRITING.

GC 3.7 SUBCONTRACTORS AND SUPPLIERS

3.7.1 The Construction Manager 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 terms and conditions of the Contract Documents into all contracts or written agreements with
Subcontractors and Suppliers; and
.3 subject to paragraph 7.1.9 of Article A-7 of the Agreement – COST OF THE WORK, be as fully responsible to the
Owner for acts and omissions of Subcontractors, Suppliers and of persons directly or indirectly employed by them
as for acts and omissions of persons directly employed by the Construction Manager.
3.7.2 The Construction Manager shall, before entering into contracts or written agreements with Subcontractors and
Suppliers, submit to the Owner all bids received for the various parts of the Work to be subcontracted and obtain the
Owner’s acceptance of the Subcontractors and Suppliers selected.
3.7.3 The Construction Manager shall cause to be obtained contract security from Subcontractors to the extent and for the
amounts approved by the Owner.
3.7.4 The Construction Manager shall not be required to employ as a Subcontractor or Supplier, a person or firm to which
the Construction Manager may reasonably object.
3.7.5 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.

CCDC 5B – 2010 23
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
GC 3.8 LABOUR AND PRODUCTS
3.8.1 The Construction Manager shall maintain good order and discipline among the Construction Manager's employees
engaged on the Work and shall not employ on the Work anyone not skilled in the tasks assigned.
3.8.2 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 3.9 DOCUMENTS AT THE SITE

3.9.1 The Construction Manager shall keep one copy of current Construction Documents, submittals, reports, and records of
meetings at the Place of the Work, in good order and available to the Owner and the Consultant.

GC 3.10 SHOP DRAWINGS

3.10.1 The Construction Manager shall provide Shop Drawings as required in the Construction Documents.
3.10.2 The Construction Manager shall provide Shop Drawings to the Consultant to review in orderly sequence and
sufficiently in advance so as to cause no delay in the Work or in the work of other contractors.
3.10.3 Upon request of the Construction Manager or the Consultant, they shall jointly prepare a schedule of the dates for
provision, review and return of Shop Drawings.
3.10.4 The Construction Manager shall provide Shop Drawings in the form specified, or if not specified, as directed by the
Consultant.
3.10.5 Shop Drawings provided by the Construction Manager to the Consultant shall indicate by stamp, date and signature of
the person responsible for the review that the Construction Manager has reviewed each one of them.
3.10.6 The Consultant's review is for conformity to the design concept and for general arrangement only.
3.10.7 Shop Drawings which require approval of any legally constituted authority having jurisdiction shall be provided to such
authority by the Construction Manager for approval.
3.10.8 The Construction Manager shall review all Shop Drawings before providing them to the Consultant. The Construction
Manager represents by this review that:
.1 the Construction Manager 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 Construction Manager has checked and co-ordinated each Shop Drawing with the requirements of the Work
and of the Construction Documents.
3.10.9 At the time of providing Shop Drawings, the Construction Manager shall expressly advise the Consultant in writing of
any deviations in a Shop Drawing from the requirements of the Construction Documents. The Consultant shall indicate
the acceptance or rejection of such deviation expressly in writing.
3.10.10 The Consultant's review shall not relieve the Construction Manager of responsibility for errors or omissions in the Shop
Drawings or for meeting all requirements of the Construction Documents.
3.10.11 The Construction Manager shall provide revised Shop Drawings to correct those which the Consultant rejects as
inconsistent with the Construction Documents, unless otherwise directed by the Consultant. The Construction Manager
shall notify the Consultant in writing of any revisions to the Shop Drawings other than those requested by the
Consultant.
3.10.12 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.

GC 3.11 USE OF THE WORK

3.11.1 The Construction Manager shall confine Construction Equipment, Temporary Work, storage of Products, waste
products and debris, and operations of employees and Subcontractors to limits indicated by laws, ordinances, permits,
or the Contract Documents and shall not unreasonably encumber the Place of the Work.
3.11.2 The Construction Manager shall not load or permit to be loaded any part of the Work with a weight or force that will
endanger the safety of the Work.

24 CCDC 5B – 2010
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
GC 3.12 CUTTING AND REMEDIAL WORK
3.12.1 The Construction Manager shall perform the cutting and remedial work required to make the affected parts of the Work
come together properly.
3.12.2 The Construction Manager shall co-ordinate the Work to ensure that the cutting and remedial work is kept to a
minimum.
3.12.3 Should the Owner, the Consultant, other contractors or anyone employed by them be responsible for poorly 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.
3.12.4 Cutting and remedial work shall be performed by specialists familiar with the Products affected and shall be performed
in a manner to neither damage nor endanger the Work.

GC 3.13 CLEANUP
3.13.1 The Construction Manager shall maintain the Work in a safe and tidy condition and free from the accumulation of waste
products and debris, other than that caused by the Owner, other contractors or their employees.
3.13.2 Before applying for Substantial Performance of the Work as provided in GC 5.5 – SUBSTANTIAL PERFORMANCE
OF THE WORK, the Construction Manager shall remove waste products and debris, other than that resulting from the
work of the Owner, other contractors or their employees, and shall leave the Place of the Work clean and suitable for
use or occupancy by the Owner. The Construction Manager shall remove products, tools, Construction Equipment, and
Temporary Work not required for the performance of the remaining work.
3.13.3 Prior to application for the final payment, the Construction Manager shall remove any remaining products, tools,
Construction Equipment, and Temporary Work, and waste products and debris, other than that resulting from the work
of the Owner, other contractors or their employees.

PART 4 ALLOWANCE

GC 4.1 CASH ALLOWANCES

4.1.1 Cash allowances may be stated in this Contract if the Guaranteed Maximum Price is stipulated in paragraphs 8.2 or 8.3
of Article A-8 of the Agreement – OPTIONS.
4.1.2 The Price of the Work includes the cash allowances, if any, stated in this Contract. The scope of work or costs included
in such cash allowances shall be as described in this Contract.
4.1.3 Expenditures under cash allowances shall be authorized by the Owner through the Consultant.
4.1.4 Where costs under any cash allowance exceed the amount of the allowance specified in this Contract, the Construction
Manager’s Fee for the Work and the Guaranteed Maximum Price shall be adjusted by Change Order to compensate the
Construction Manager for any excess incurred and substantiated. Where costs under any cash allowance are less than
the amount of the allowance, the Owner shall be credited for the unexpended portion of the cash allowance, but not for
the Construction Manager’s overhead and profit on such amount. Multiple cash allowances shall not be combined for
the purpose of calculating the foregoing.
4.1.5 The Construction Manager’s overhead and profit in connection with such cash allowances is eligible to be included in
progress payments on account of the Construction Manager’s Fee for the Work.
4.1.6 The value of the Work performed under a cash allowance is eligible to be included in progress payments on account of
the Cost of the Work.
4.1.7 The Construction Manager and the Consultant shall jointly prepare a schedule that shows when the Consultant and the
Owner must authorize ordering of items called for under cash allowances to avoid delaying the progress of the Work.

CCDC 5B – 2010 25
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
PART 5 PAYMENT

GC 5.1 FINANCING INFORMATION REQUIRED OF THE OWNER

5.1.1 The Owner shall, at the request of the Construction Manager, before signing the Contract, and promptly from time to
time thereafter, furnish to the Construction Manager 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 Construction Manager Notice in Writing of any material change in the Owner’s financial
arrangements to fulfill the Owner’s obligations under the Contract during the performance of the Contract.

GC 5.2 ACCOUNTING AND AUDIT

5.2.1 The Construction Manager shall keep full and detailed accounts and records necessary for the documentation of the
Cost of the Work.
5.2.2 For 60 calendar days after the application for final payment or for such other period specified in the Contract, the
Owner shall be afforded reasonable access to all of the Construction Manager’s books, records, correspondence,
instructions, drawings, receipt vouchers, Subcontractor and Supplier invoices, and memoranda relating to the Cost of
the Work, and for this purpose the Construction Manager shall preserve all such records.

GC 5.3 PROGRESS PAYMENT FOR THE SERVICES

5.3.1 The Owner shall make payment for the Construction Manager’s Fee for the Services as described in paragraph of 5.2 of
Article A-5 of the Agreement – CONSTRUCTION MANAGER’S FEE and on account of the reimbursable expenses
for the Services as described in Article A-6 of the Agreement – REIMBURSABLE EXPENSES FOR THE SERVICES
no later than 20 calendar days after receipt of an application for payment for the Services submitted by the Construction
Manager.
5.3.2 The application for payment for the reimbursable expenses for the Services shall include items of cost as defined in
Schedule A2 to the Agreement – REIMBURSABLE EXPENSES APPLICABLE TO SCHEDULE A1 and other
support documents required by the Owner in accordance with the Contract Documents.

GC 5.4 PROGRESS PAYMENT FOR THE WORK

5.4.1 Applications for payment on account as provided in Article A-9 of the Agreement – PAYMENT may be made monthly
as the Work progresses.
5.4.2 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.
5.4.3 The amount applied for shall be the cost of the Work performed and Products delivered to the Place of the Work or
other locations designated by the Owner in accordance with the provisions of Article A-7 of the Agreement – COST OF
THE WORK, as of the last day of the month or an alternative day of the month agreed in writing by the parties plus the
Construction Manager’s Fee for the Work earned in accordance with the provisions of Article A-5 of the Agreement –
CONSTRUCTION MANAGER’S FEE.
5.4.4 The application for payment for the Work shall include items of cost as defined in Article A-7 of the Agreement –
COST OF THE WORK and other support documents required by the Owner as in accordance with the Contract
Documents.
5.4.5 When submitting the second and succeeding applications for payment, the Construction Manager shall furnish receipted
vouchers or other satisfactory evidence of payment for all items included in the preceding applications. If the Owner
has reasonable grounds for believing that any amount included in preceding applications has not been paid the Owner
may withhold payment in respect of such amount from the current application until satisfactory evidence of payment is
given by the Construction Manager.
5.4.6 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.

26 CCDC 5B – 2010
Note: This contract is protected by copyright. Use of a CCDC 5B document not containing a CCDC 5B copyright seal constitutes an infringement of copyright. Only
sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
5.4.7 After receipt by the Consultant of an application for payment for the Work submitted by the Construction Manager in
accordance with paragraphs 5.4.1 to 5.4.6:
.1 the Consultant will promptly inform the Owner of the date of receipt of the Construction Manager’s application for
payment;
.2 the Consultant will issue to the Owner and copy to the Construction Manager, 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 amends the application, the Consultant
will promptly advise the Construction Manager in writing giving reasons for the amendment; and
.3 the Owner shall make payment to the Construction Manager on account as provided in Article A-9 of the
Agreement – PAYMENT on or before 20 calendar days after the later of:
- receipt by the Consultant of the application for payment, or
- the last day of the monthly payment period for which the application for payment is made.

GC 5.5 SUBSTANTIAL PERFORMANCE OF THE WORK

5.5.1 When the Construction Manager considers that the Work is substantially performed, or if permitted by the lien
legislation applicable to the Place of the Work a designated portion thereof which the Owner agrees to accept separately
is substantially performed, the Construction Manager shall, within 1 Working Day, deliver to the Consultant and to the
Owner a comprehensive list of items to be completed or corrected, together with a written application for a review by
the Consultant to establish Substantial Performance of the Work or of the designated portion of the Work. Failure to
include an item on the list does not alter the responsibility of the Construction Manager to complete the Contract.
5.5.2 The Consultant will review the Work to verify the validity of the application and shall promptly, and in any event, no
later than 20 calendar days after receipt of the Construction Manager's list and application:
.1 advise the Construction Manager 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 Construction Manager.
5.5.3 Immediately following the issuance of the certificate of Substantial Performance of the Work or a designated portion of
the Work, the Construction Manager, in consultation with the Consultant, shall establish a reasonable date for finishing
the Work.

GC 5.6 PAYMENT OF HOLDBACK UPON SUBSTANTIAL PERFORMANCE OF THE WORK

5.6.1 After the issuance of the certificate of Substantial Performance of the Work, the Construction Manager shall:
.1 submit an application for payment of the holdback amount,
.2 submit CCDC 9A ‘Statutory Declaration’ to state that all accounts for labour, subcontracts, Products, Construction
Equipment, and other indebtedness which may have been incurred by the Construction Manager in the Substantial
Performance of the Work and for which the Owner might in any way be held responsible have been paid in full,
except for amounts properly retained as a holdback or as an identified amount in dispute.
5.6.2 After the receipt of an application for payment from the Construction Manager and the statement as provided in
paragraph 5.6.1, the Consultant will issue a certificate for payment of the holdback amount.
5.6.3 Where the holdback amount required by the applicable lien legislation has not been placed in a separate holdback
account, the Owner shall, 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 Construction Manager.
5.6.4 In the common law jurisdictions, the holdback amount authorized by the certificate for payment of the holdback amount
is due and payable on the first calendar day following the expiration of the holdback period stipulated in the lien
legislation applicable to the Place of the Work. Where lien legislation does not exist or apply, the holdback amount
shall be due and payable in accordance with other legislation, industry practice or provisions which may be agreed to
between the parties. The Owner may retain out of the holdback amount any sums required by law to satisfy any liens
against the Work or, if permitted by the lien legislation applicable to the Place of the Work, other third party monetary
claims against the Construction Manager which are enforceable against the Owner.
5.6.5 In the Province of Quebec, the holdback amount authorized by the certificate for payment of the holdback amount is
due and payable 30 calendar days after the issuance of the certificate. The Owner may retain out of the holdback
amount any sums required to satisfy any legal hypothecs that have been taken, or could be taken, against the Work or
other third party monetary claims against the Construction Manager which are enforceable against the Owner.
CCDC 5B – 2010 27
Note: This contract is protected by copyright. Use of a CCDC 5B document not containing a CCDC 5B copyright seal constitutes an infringement of copyright. Only
sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
GC 5.7 PROGRESSIVE RELEASE OF HOLDBACK FOR THE WORK
5.7.1 In the common law jurisdictions, where legislation permits and where, upon application by the Construction Manager,
the Consultant has certified that the work of a Subcontractor or Supplier has been performed prior to Substantial
Performance of the Work, the Owner shall pay the Construction Manager the holdback amount retained for such
subcontract work, or the Products supplied by such Supplier, on the first calendar day following the expiration of the
holdback period for such work stipulated in the lien legislation applicable to the Place of the Work. The Owner may
retain out of the holdback amount any sums required by law to satisfy any liens against the Work or, if permitted by the
lien legislation applicable to the Place of the Work, other third party monetary claims against the Construction Manager
which are enforceable against the Owner.
5.7.2 In the Province of Quebec, where, upon application by the Construction Manager, the Consultant has certified that the
work of a Subcontractor or Supplier has been performed prior to Substantial Performance of the Work, the Owner shall
pay the Construction Manager the holdback amount retained for such subcontract work, or the Products supplied by
such Supplier, no later than 30 calendar days after such certification by the Consultant. The Owner may retain out of
the holdback amount any sums required to satisfy any legal hypothecs that have been taken, or could be taken, against
the Work or other third party monetary claims against the Construction Manager which are enforceable against the
Owner.
5.7.3 Notwithstanding the provisions of the preceding paragraphs, and notwithstanding the wording of such certificates, the
Construction Manager shall ensure that such subcontract work or Products 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 such certificates were issued.

GC 5.8 FINAL PAYMENT FOR THE WORK

5.8.1 When the Construction Manager considers that the Work is completed, the Construction Manager shall submit an
application for final payment.
5.8.2 The Consultant will, no later than 10 calendar days after the receipt of an application from the Construction Manager
for final payment, review the Work to verify the validity of the application and advise the Construction Manager in
writing that the application is valid or give reasons why it is not valid.
5.8.3 When the Consultant finds the Construction Manager’s application for final payment valid, the Consultant will
promptly issue a final certificate for payment.
5.8.4 Subject to the provision of paragraph 10.4.1 of GC 10.4 – WORKERS' COMPENSATION and any lien 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 Construction Manager as provided in Article A-9 of the Agreement – PAYMENT.

GC 5.9 WITHHOLDING OF PAYMENT FOR THE WORK

5.9.1 If because of climatic or other conditions reasonably beyond the control of the Construction Manager, there are items of
work that cannot be performed, 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 remaining work.

GC 5.10 NON-CONFORMING WORK

5.10.1 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

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.

28 CCDC 5B – 2010
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
6.1.2 The Construction Manager shall not perform a change in the Work without a Change Order or a Change Directive.
6.1.3 The Owner and the Construction Manager, without invalidating the Contract, may agree to make changes to the
Services.

GC 6.2 CHANGE ORDER

6.2.1 When a change in the Work is proposed or required, the Consultant shall provide the Construction Manager with a
written description of the proposed change in the Work. The Construction Manager shall promptly present, in a form
acceptable to the Consultant, a method of adjustment or an amount of adjustment for the Construction Manager’s Fee, a
method of adjustment or an amount of adjustment for the Guaranteed Maximum Price, and the adjustment in the
Contract Time, as applicable, for the proposed change in the Work.
6.2.2 When the Owner and Construction Manager agree to the adjustments in the Construction Manager’s Fee, the
Guaranteed Maximum Price and the 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 applications for progress payment.
6.2.3 When the Owner and Construction Manager agree to exercise the stipulated price option at any time during the term of
the Contract, such agreement shall be recorded in a Change Order.

GC 6.3 CHANGE DIRECTIVE

6.3.1 If the Owner requires the Construction Manager to proceed with a change in the Work prior to the Owner and the
Construction Manager agreeing upon any corresponding adjustment in the Construction Manager’s Fee, the
Guaranteed Maximum Price and the 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.
6.3.4 Upon receipt of a Change Directive, the Construction Manager shall proceed promptly with the change in the Work.
6.3.5 If no method of adjustment is agreed:
.1 the adjustment in the Construction Manager’s Fee for a change carried out by way of a Change Directive shall be
determined on the basis of the changes in costs of the Construction Manager; and
.2 the Guaranteed Maximum Price shall be adjusted by the changes in the Cost of Work and in the Construction
Manager’s Fee for the Work resulting from a Change Directive.
6.3.6 Pending determination of the adjustment to the Construction Manager’s Fee required as a result of a Change Directive,
the Cost of the Work incurred and the undisputed amount of the Construction Manager’s Fee as the result of a Change
Directive is eligible to be included in progress payments, notwithstanding the limit imposed by the Guaranteed
Maximum Price.
6.3.7 If the Owner and the Construction Manager do not agree on the proposed adjustment in the Construction Manager’s
Fee, the Guaranteed Maximum Price, the Contract Time, or in the method of determining them, the adjustment shall be
referred to the Consultant for a finding.
6.3.8 When the Owner and the Construction Manager reach agreement on the adjustment to the Construction Manager’s Fee,
the Guaranteed Maximum Price and 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 Construction Manager 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 which
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.

CCDC 5B – 2010 29
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary 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 justify an increase or decrease in the Construction Manager’s Fee for the Work, the
Guaranteed Maximum Price or the Contract Time, the Consultant, with the Owner’s approval, will 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
Construction Manager’s Fee for the Work, the Guaranteed Maximum Price or the Contract Time is justified, the
Consultant will report the reasons for this finding to the Owner and the Construction Manager 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 Construction Manager is delayed in the performance of the Work by an action or omission of the Owner,
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 Construction Manager. The Construction Manager’s Fee and the Guaranteed Maximum Price
shall be adjusted by a reasonable amount for costs incurred by the Construction Manager as the result of such delay.
6.5.2 If the Construction Manager 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 Construction
Manager or any person employed or engaged by the Construction Manager directly or indirectly, then the Contract
Time shall be extended for such reasonable time as the Consultant may recommend in consultation with the
Construction Manager. The Construction Manager’s Fee and the Guaranteed Maximum Price shall be adjusted by a
reasonable amount for costs incurred by the Construction Manager as the result of such delay.
6.5.3 If the Construction Manager 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 Construction Manager is a member or to which the Construction Manager is
otherwise bound),
.2 fire, unusual delay by common carriers or unavoidable casualties,
.3 abnormally adverse weather conditions, or
.4 any cause beyond the Construction Manager's control other than one resulting from a default or breach of Contract
by the Construction Manager,
then the Contract Time shall be extended for such reasonable time as the Consultant may recommend in consultation
with the Construction Manager. The extension of time shall not be less than the time lost as the result of the event
causing the delay, unless the Construction Manager agrees to a shorter extension. The Construction Manager’s Fee
and the Guaranteed Maximum Price shall be adjusted by a reasonable amount for overhead costs incurred by the
Construction Manager as the result of such delay.
6.5.4 No extension shall be made for delay unless Notice in Writing of the cause of the 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 2.3.13 of GC 2.3 – CONSULTANT’S RESPONSIBILITIES or paragraph 3.5.1
of GC 3.5 – CONSTRUCTION SCHEDULE, 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 CONSTRUCTION MANAGER’S FEE FOR THE SERVICES, THE PRICE OF
THE WORK OR THE GUARANTEED MAXIMUM PRICE
6.6.1 If the Construction Manager intends to make a claim for an increase to the Construction Manager’s Fee for the
Services, the Price of the Work or the Guaranteed Maximum Price, or if the Owner intends to make a claim against the
Construction Manager for a credit to the Construction Manager’s Fee for the Services, the Price of the Work or the
Guaranteed Maximum Price, the party that intends to make the claim shall give timely Notice in Writing of intent to
claim to the other party and, if the claim relates to the Price of the Work or the Guaranteed Maximum Price, with a copy
to the Consultant.

30 CCDC 5B – 2010
Note: This contract is protected by copyright. Use of a CCDC 5B document not containing a CCDC 5B copyright seal constitutes an infringement of copyright. Only
sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
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 other party a detailed account of the amount
claimed and the grounds upon which the claim is based.
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 party receiving the claim 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 If the claim is not acceptable to the other party, it 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 OR TERMINATE THE CONTRACT

7.1.1 If the Construction Manager is adjudged bankrupt, or makes a general assignment for the benefit of creditors because of
the Construction Manager's insolvency, or if a receiver is appointed because of the Construction Manager's insolvency,
the Owner may, without prejudice to any other right or remedy the Owner may have, terminate the Construction
Manager’s right to continue with the Work by giving the Construction Manager or receiver or trustee in bankruptcy
Notice in Writing to that effect.
7.1.2 If the Construction Manager neglects to prosecute the Work properly or otherwise fails to comply with the requirements
of the Contract Documents to a substantial degree, and if the Consultant has given a written statement to the Owner and
Construction Manager that sufficient cause exists to justify such action, the Owner may, without prejudice to any other
right or remedy the Owner may have, give the Construction Manager Notice in Writing that the Construction Manager
is in default of the Construction Manager's contractual obligations and instruct the Construction Manager 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 Construction Manager shall be in compliance with the Owner's instructions if the
Construction Manager:
.1 commences the correction of the default within the specified time, and
.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.
7.1.4 If the Construction Manager 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:
.1 correct such default and deduct the cost thereof from any payment then or thereafter due the Construction Manager
provided the Consultant has certified such cost to the Owner and the Construction Manager, or
.2 terminate the Construction Manager's right to continue with the Work in whole or in part or terminate the Contract.
7.1.5 If the Owner terminates the Construction Manager's right to continue with the Work as provided in paragraphs 7.1.1 and
7.1.4, the Owner shall:
.1 be entitled to 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, and
.2 pay the Construction Manager upon the Consultant’s certificate and in accordance with Part 5 of the General
Conditions – PAYMENT for the costs properly incurred by the Construction Manager to that time plus the
proportionate amount of the fee as provided in Article A-5 of the Agreement – CONSTRUCTION MANAGER’S
FEE, and
.3 pay to the Construction Manager fair compensation, either by purchase or rental, at the option of the Owner, for
any Construction Equipment retained for use in the Work, and
.4 assume and become liable for all obligations, commitments and unliquidated claims as certified by the Consultant
that the Construction Manager may have heretofore, in good faith, undertaken or incurred in connection with the
Work, other than such as are properly payable by the Construction Manager because of neglect or default.
CCDC 5B – 2010 31
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
7.1.6 If the Owner terminates the Construction Manager's right to continue with the Work as provided in paragraphs 7.1.1 and
7.1.4, the Construction Manager shall, as a condition of receiving the payments, execute and deliver such papers and
take such action, including the legal assignment in the Construction Manager’s contractual rights, as the Owner may
require for the purpose of fully vesting in the Construction Manager the rights and benefits of the Construction
Manager under the obligations or commitments to be assumed by the Owner.
7.1.7 The Construction Manager's obligation under the Contract as to quality, correction and warranty of the work performed
by the Construction Manager up to the time of termination shall continue in force after such termination of the
Contract.

GC 7.2 CONSTRUCTION MANAGER'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 Construction Manager may, without
prejudice to any other right or remedy the Construction Manager 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 Construction
Manager or of anyone directly or indirectly employed or engaged by the Construction Manager, the Construction
Manager may, without prejudice to any other right or remedy the Construction Manager may have, terminate the
Contract by giving the Owner Notice in Writing to that effect.
7.2.3 The Construction Manager 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 Construction Manager, reasonable evidence that financial
arrangements have been made to fulfill the Owner’s obligations under the Contract, or
.2 the Consultant fails to issue a certificate as provided in GC 5.4 – PROGRESS PAYMENT FOR THE WORK, or
.3 the Owner fails to pay the Construction Manager, or
.4 the Owner violates the requirements of the Contract to a substantial degree and the Consultant, except for GC 5.1 –
FINANCING INFORMATION REQUIRED OF THE OWNER, confirms by written statement to the Construction
Manager that sufficient cause exists.
7.2.4 The Construction Manager’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 receipt of the Notice in Writing, the Construction Manager
may, without prejudice to any other right or remedy the Construction Manager may have, suspend the Work or
terminate the Contract.
7.2.5 If the Construction Manager terminates the Contract under the conditions set out above, the Construction Manager
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 Construction Manager may have sustained as a result of the
termination of the Contract.

PART 8 DISPUTE RESOLUTION

GC 8.1 AUTHORITY OF THE CONSULTANT

32 CCDC 5B – 2010
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
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 Construction Manager costs incurred by the Construction Manager in
carrying out such instructions which the Construction Manager 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 NEGOTIATION, MEDIATION AND ARBITRATION

8.2.1 In accordance with the Rules for Mediation of Construction Disputes as provided in CCDC 40 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.
8.2.2 A party shall be conclusively deemed to have accepted a finding of the Consultant under GC 2.3 – CONSULTANT’S
RESPONSIBILITIES 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.
8.2.3 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.
8.2.4 After a period of 10 Working Days following receipt of a responding party's Notice in Writing of reply under paragraph
8.2.2, 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 of Construction Disputes as
provided in CCDC 40 in effect at the time of bid closing.
8.2.5 If the dispute has not been resolved within 10 Working Days after the Project Mediator was requested under paragraph
8.2.4 or within such further period agreed by the parties, the Project Mediator shall terminate the mediated negotiations
by giving Notice in Writing to the Owner, the Construction Manager and the Consultant.
8.2.6 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 8.2.5, either party may refer the dispute to be finally resolved
by arbitration under the Rules for Arbitration of Construction Disputes 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.
8.2.7 On expiration of the 10 Working Days, the arbitration agreement under paragraph 8.2.6 is not binding on the parties and,
if a Notice in Writing is not given under paragraph 8.2.6 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.
8.2.8 If neither party, by Notice in Writing given within 10 Working Days of the date of Notice in Writing requesting
arbitration in paragraph 8.2.6, requires that a dispute be arbitrated immediately, all disputes referred to arbitration as
provided in paragraph 8.2.6 shall be
.1 held in abeyance until
(1) Substantial Performance of the Work,
(2) the Contract has been terminated, or
(3) the Construction Manager has abandoned the Work,
whichever is earlier, and
.2 consolidated into a single arbitration under the rules governing the arbitration under paragraph 8.2.6.

CCDC 5B – 2010 33
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version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
GC 8.3 RETENTION OF RIGHTS
8.3.1 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.
8.3.2 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 8.2.6 of GC 8.2 – 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 Construction Manager shall protect the Work and the Owner’s property and property adjacent to the Place of the
Work from damage which may arise as the result of the Construction Manager’s operations under this Contract, and
shall be responsible for such damage, except damage which occurs as the result of:
.1 errors in the Contract Documents;
.2 acts or omissions by the Owner, the Consultant, other contractors, or their respective agents and employees.
9.1.2 Before commencing any work, the Construction Manager shall locate on site all underground utilities and structures
that are indicated in the Contract Documents or information provided by the Owner, or that are reasonably apparent in
an inspection of the Place of the Work.
9.1.3 Should the Construction Manager in the performance of the Contract damage the Work, the Owner’s property or
property adjacent to the Place of the Work, the Construction Manager shall be responsible for making good such
damage at the Construction Manager’s expense.
9.1.4 Should damage occur to the Work or Owner’s property for which the Construction Manager is not responsible, as
provided in paragraph 9.1.1, the Construction Manager shall make good such damage to the Work and, if the Owner so
directs, to the Owner’s property. The Construction Manager’s Fee, the Guaranteed Maximum Price and the 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, 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 Construction Manager 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 Construction Manager 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 Construction Manager 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 toxic or hazardous substances which were present at the Place of the Work prior to the Construction Manager
commencing the Work.

34 CCDC 5B – 2010
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
9.2.5 If the Construction Manager
.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 Construction Manager or anyone for whom the Construction
Manager 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 Construction Manager shall
.3 take all reasonable steps, including stopping the Work, to ensure that no person’s exposure to any toxic or
hazardous substances 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 Construction Manager do not agree on the existence or significance of toxic or hazardous substances,
or whether the toxic or hazardous substances were brought onto the Place of the Work by the Construction Manager or
anyone for whom the Construction Manager is responsible, 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
Construction Manager.
9.2.7 If the Owner and Construction Manager 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 Construction Manager or anyone for whom
the Construction Manager is responsible, the Owner shall promptly at the Owner’s own expense:
.1 take all steps as required under paragraph 9.2.4;
.2 adjust the Construction Manager’s Fee and the Guaranteed Maximum Price by a reasonable amount for overhead
costs incurred by the Construction Manager in taking the steps pursuant to paragraph 9.2.5;
.3 extend the Contract Time for such reasonable time as the Consultant may recommend in consultation with the
Construction Manager and the expert referred to in paragraph 9.2.6 and adjust the Construction Manager’s Fee and
the Guaranteed Maximum Price by a reasonable amount for costs incurred by the Construction Manager as a result
of the delay; and
.4 indemnify the Construction Manager as required by GC 12.1 – INDEMNIFICATION.
9.2.8 If the Owner and Construction Manager 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 Construction Manager or anyone for whom the
Construction Manager is responsible, the Construction Manager shall promptly at the Construction Manager’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 substance;
.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 12.1 – 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 of the Work shall, as between the Owner and the Construction Manager, be deemed to be the
absolute property of the Owner.
9.3.2 The Construction Manager 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 change the Construction Manager’s Fee, the Guaranteed Maximum Price or the Construction
Manager’s time to perform the Work, the Consultant, with the Owner’s approval, will issue appropriate instructions for
a change in the Work as provided in GC 6.2 – CHANGE ORDER or GC 6.3 – CHANGE DIRECTIVE.

CCDC 5B – 2010 35
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
GC 9.4 CONSTRUCTION SAFETY
9.4.1 Subject to paragraph 3.2.2.2 of GC 3.2 – CONSTRUCTION BY OWNER OR OTHER CONTRACTORS, the
Construction Manager shall be responsible for
.1 construction health and safety at the Place of the Work in compliance with the rules, regulations and practices
required by the applicable construction health and safety legislation, and
.2 establishing, initiating, maintaining and supervising all health and safety precautions and programs in connection
with the performance of the Work.

GC 9.5 MOULD
9.5.1 If the Construction Manager or 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 Construction Manager 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
.3 if the Owner and Construction Manager 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 Construction
Manager.
9.5.2 If the Owner and Construction Manager agree, or if the expert referred to in paragraph 9.5.1.3 determines that the
presence of mould was caused by the Construction Manager’s operations under the Contract, the Construction
Manager shall promptly, at the Construction Manager’s own expense:
.1 take all reasonable and necessary steps to safely remediate or dispose of the mould, and
.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, and
.3 reimburse the Owner for reasonable costs incurred under paragraph 9.5.1.3, and
.4 indemnify the Owner as required by GC 12.1 – INDEMNIFICATION.
9.5.3 If the Owner and Construction Manager agree, or if the expert referred to in paragraph 9.5.1.3 determines that the
presence of mould was not caused by the Construction Manager’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 adjust the Construction Manager’s Fee and the Guaranteed Maximum Price by a reasonable amount for overhead
costs incurred by the Construction Manager in taking the steps pursuant to 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
Construction Manager and the expert referred to in paragraph 9.5.1.3 and adjust the Construction Manager’s Fee
and the Guaranteed Maximum Price by a reasonable amount for costs incurred by the Construction Manager as a
result of the delay; and
.4 indemnify the Construction Manager as required by GC 12.1 – 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.

36 CCDC 5B – 2010
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
PART 10 GOVERNING REGULATIONS

GC 10.1 TAXES AND DUTIES

10.1.1 The Construction Manager shall pay all customs, taxes and duties in effect during the performance of the Work. The
amount incurred shall be included in the Cost of the Work as in accordance with paragraph 7.1.14 of the Agreement A-7
– COST OF THE WORK.

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 Construction Manager.
10.2.3 The Construction Manager 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 Cost of the Work includes the cost of these permits,
licences, inspections, and certificates, and their procurement.
10.2.4 The Construction Manager 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 Construction Manager 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 Construction Manager shall
advise the Consultant in writing requesting direction immediately upon such variance or change becoming known. The
Consultant will make 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 Construction Manager 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
Construction Manager shall be responsible for 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.

GC 10.3 PATENT FEES

10.3.1 The Construction Manager shall pay the royalties and patent licence fees required for the performance of the Contract.
The amount incurred shall be included in the Cost of the Work in accordance with paragraph 7.1.12 of the Agreement
A-7 – COST OF THE WORK. The Construction Manager shall hold the Owner harmless from and against claims,
demands, losses, costs, damages, actions, suits or proceedings arising out of the Construction Manager’s performance
of the Contract which are attributable to an infringement or an alleged infringement of a patent of invention by the
Construction Manager or anyone for whose acts the Construction Manager may be liable.
10.3.2 The Owner shall hold the Construction Manager harmless against claims, demands, losses, costs, damages, actions,
suits, or proceedings arising out of the Construction Manager’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,
or any model, plan or design which was supplied to the Construction Manager as part of the Contract.

GC 10.4 WORKERS' COMPENSATION

10.4.1 Prior to commencing the Work, again with the Construction Manager’s application for payment of the holdback amount
following Substantial Performance of the Work and again with the Construction Manager’s application for final
payment, the Construction Manager shall provide evidence of compliance with workers’ compensation legislation at the
Place of the Work, including payments due thereunder.
10.4.2 At any time during the term of the Contract, when requested by the Owner, the Construction Manager shall provide
such evidence of compliance by the Construction Manager and Subcontractors.

CCDC 5B – 2010 37
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
PART 11 INSURANCE — CONTRACT SECURITY

GC 11.1 INSURANCE
11.1.1 Without restricting the generality of GC 12.1 – INDEMNIFICATION, the Construction Manager shall provide,
maintain and pay for the following insurance coverages, the minimum requirements of which are specified in CCDC 41
– INSURANCE REQUIREMENTS in effect at the time of bid closing except as hereinafter provided:
.1 General liability insurance in the name of the Construction Manager 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 Construction Manager with
regard to the Work. General liability insurance shall be maintained from the date of commencement of the Services
until one year from the date of Substantial Performance of the Work. Liability coverage shall be provided for
completed operations hazards from the date of Substantial Performance of the Work, as set out in the certificate of
Substantial Performance of the Work, on an ongoing basis for a period of 6 years following Substantial
Performance of the Work.
.2 Automobile Liability Insurance from the date of commencement of the Services until one year after the date of
Substantial Performance of the Work.
.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 Construction Manager, 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 Substantial Performance of the Work;
(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;
(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 Construction Manager, 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 Substantial Performance of the Work.
.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 Construction Manager as their respective interests may appear. In the
event of loss or damage:
(1) the Construction Manager 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
Construction Manager 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 Construction Manager 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 Construction Manager;
(2) the Construction Manager 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 Construction Manager shall be entitled to receive from the payments made by the insurer the
amount of the Construction Manager'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 another contractor, the Owner
shall, in accordance with the Owner's obligations under the provisions relating to construction by Owner or
other contractors, pay the Construction Manager 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
Substantial Performance of the Work.
11.1.2 Prior to commencement of the Services and upon the placement, renewal, amendment or extension of all or any part of
the insurance, the Construction Manager 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 this Contract.

38 CCDC 5B – 2010
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
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 Construction Manager 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 Construction Manager and
the Consultant. The Construction Manager 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 Construction Manager.
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 – INSURANCE REQUIREMENTS is published, which specifies reduced insurance
requirements, the parties shall address such reduction, prior to the Construction Manager’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 – INSURANCE REQUIREMENTS is published, which specifies increased insurance
requirements, the Owner may request the increased coverage from the Construction Manager 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 – INSURANCE REQUIREMENTS.

GC 11.2 CONTRACT SECURITY

11.2.1 The Construction Manager shall, prior to commencement of the Work or within the specified time, provide to the
Owner any Contract security required by this Contract as in accordance with paragraph 7.1.13 of the Agreement A-7 –
COST OF THE WORK.
11.2.2 If this Contract requires surety bonds to be provided, such bonds shall be issued by a duly licensed surety company
authorized to transact a business of suretyship in the province or territory of the Place of the Work and shall be
maintained in good standing until the fulfilment of this Contract. The form of such bonds shall be in accordance with
the latest edition of the CCDC approved bond forms.

PART 12 INDEMNIFICATION, WAIVER OF CLAIMS AND WARRANTY

GC 12.1 INDEMNIFICATION
12.1.1 Without restricting the parties’ obligation to indemnify as described in paragraphs 12.1.4 and 12.1.5, the Owner and the
Construction Manager 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 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 date of Substantial Performance of the Work as set
out in the certificate of Substantial Performance of the Work issued pursuant to paragraph 5.5.2.2 of GC 5.5 –
SUBSTANTIAL PERFORMANCE OF THE WORK 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.
12.1.2 The obligation of either party to indemnify as set forth in paragraph 12.1.1 shall be limited as follows:
.1 In respect to losses suffered by the Owner and the Construction Manager for which insurance is to be provided by
either party pursuant to GC 11.1 – INSURANCE, the insurance limit in effect at the time of bid closing.
.2 In respect to losses suffered by the Owner and the Construction Manager for which insurance is not required to be
provided by either party in accordance with GC 11.1 – INSURANCE, the greater of the Price of the Work or
$2,000,000, but in no event shall the sum be greater than $20,000,000.

CCDC 5B – 2010 39
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
.3 In respect to claims by third parties for direct loss resulting from bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property, the obligation to indemnify is without limit. In respect to all other
claims for indemnity as a result of claims advanced by third parties, the limits of indemnity set forth in paragraphs
12.1.2.1 and 12.1.2.2 shall apply.
12.1.3 The obligation of either party to indemnify the other as set forth in paragraphs 12.1.1 and 12.1.2 shall be inclusive of
interest and all legal costs.
12.1.4 The Owner and the Construction Manager 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.
12.1.5 The Owner shall indemnify and hold harmless the Construction Manager from and against all claims, demands, losses,
costs, damages, actions, suits, or proceedings:
.1 as described in GC 10.3 – PATENT FEES, and
.2 arising out of the Construction Manager'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.
12.1.6 In respect to any claim for indemnity or to be held harmless by the Owner or the Construction Manager:
.1 Notice in Writing of such claim shall be given within a reasonable time after the facts upon which such claim is
based became known;
.2 should either party be required as a result of its obligation to indemnify the other 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 12.2 WAIVER OF CLAIMS

12.2.1 Subject to any lien legislation applicable to the Place of the Work, as of the fifth calendar day before the expiry of the
lien period provided by the lien legislation applicable at the Place of the Work, the Construction Manager waives and
releases the Owner from all claims which the Construction Manager has or reasonably ought to have knowledge of that
could be advanced by the Construction Manager against the Owner arising from the Construction Manager’s
involvement in the Work, 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 date of Substantial
Performance of the Work, except as follows:
.1 claims arising prior to or on the date of Substantial Performance of the Work for which Notice in Writing of claim
has been received by the Owner from the Construction Manager no later than the sixth calendar day before the
expiry of the lien period provided by the lien legislation applicable at the Place of the Work;
.2 indemnification for claims advanced against the Construction Manager by third parties for which a right of
indemnification may be asserted by the Construction Manager against the Owner pursuant to the provisions of this
Contract;
.3 claims for which a right of indemnity could be asserted by the Construction Manager pursuant to the provisions of
paragraphs 12.1.4 or 12.1.5 of GC 12.1 – INDEMNIFICATION; and
.4 claims resulting from acts or omissions which occur after the date of Substantial Performance of the Work.
12.2.2 The Construction Manager waives and releases the Owner from all claims referenced in paragraph 12.2.1.4 except for
those referred in paragraphs 12.2.1.2 and 12.2.1.3 and claims for which Notice in Writing of claim has been received by
the Owner from the Construction Manager within 395 calendar days following the date of Substantial Performance of
the Work.
12.2.3 Subject to any lien legislation applicable to the Place of the Work, as of the fifth calendar day before the expiry of the
lien period provided by the lien legislation applicable at the Place of the Work, the Owner waives and releases the
Construction Manager from all claims which the Owner has or reasonably ought to have knowledge of that could be
advanced by the Owner against the Construction Manager arising from the Owner’s involvement in the Work,
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 date of Substantial Performance of the Work, except
as follows:
.1 claims arising prior to or on the date of Substantial Performance of the Work for which Notice in Writing of claim
has been received by the Construction Manager from the Owner no later than the sixth calendar day before the
expiry of the lien period provided by the lien legislation applicable at the Place of the Work;

40 CCDC 5B – 2010
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
.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 Construction Manager pursuant to the provisions of this Contract;
.3 claims for which a right of indemnity could be asserted by the Owner against the Construction Manager pursuant to
the provisions of paragraph 12.1.4 of GC 12.1 – INDEMNIFICATION;
.4 damages arising from the Construction Manager’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 date of Substantial Performance of the Work.
12.2.4 The Owner waives and releases the Construction Manager from all claims referred to in paragraph 12.2.3.4 except
claims for which Notice in Writing of claim has been received by the Construction Manager from the Owner within a
period of six years from the date of Substantial Performance of the Work should 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, within such shorter period as may be prescribed by:
.1 any limitation statute of the Province or Territory of the Place of the Work; or
.2 the Civil Code of Quebec, if the Place of the Work is the Province of Quebec.
12.2.5 The Owner waives and releases the Construction Manager from all claims referenced in paragraph 12.2.3.6 except for
those referred in paragraph 12.2.3.2, 12.2.3.3 and those arising under GC 12.3 – WARRANTY and claims for which
Notice in Writing has been received by the Construction Manager from the Owner within 395 calendar days following
the date of Substantial Performance of the Work.
12.2.6 “Notice in Writing of claim” as provided for in GC 12.2 – WAIVER OF CLAIMS to preserve a claim or right of action
which would otherwise, by the provisions of GC 12.2 – WAIVER OF CLAIMS, be deemed to be waived, must include
the following
.1 a clear and unequivocal statement of the 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.
12.2.7 The party giving “Notice in Writing of claim” as provided for in GC 12.2 – WAIVER OF CLAIMS shall submit within
a reasonable time a detailed account of the amount claimed.
12.2.8 Where the event or series of events giving rise to a claim made under paragraphs 12.2.1 or 12.2.3 has a continuing
effect, the detailed account submitted under paragraph 12.2.7 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 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.
12.2.9 If a Notice in Writing of claim pursuant to paragraph 12.2.1.1 is received on the seventh or sixth calendar day before the
expiry of the lien period provided by the lien legislation applicable at the Place of the Work, the period within which
Notice in Writing of claim shall be received pursuant to paragraph 12.2.3.1 shall be extended to two calendar days
before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work.
12.2.10 If a Notice in Writing of claim pursuant to paragraph 12.2.3.1 is received on the seventh or sixth calendar day before the
expiry of the lien period provided by the lien legislation applicable at the Place of the Work, the period within which
Notice in Writing of claim shall be received pursuant to paragraph 12.2.1.1 shall be extended to two calendar days
before the expiry of the lien period provided by the lien legislation applicable at the Place of the Work.

GC 12.3 WARRANTY
12.3.1 Except for extended warranties as described in paragraph 12.3.7, the warranty period under this Contract is one year
from the date of Substantial Performance of the Work.
12.3.2 The Construction Manager 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 Construction Manager 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 Construction Manager shall correct promptly, at the Construction Manager's expense,
defects or deficiencies in the Work which appear prior to and during the one year warranty period.
CCDC 5B – 2010 41
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
12.3.5 The Construction Manager shall correct or pay for damage resulting from corrections made under the requirements of
paragraph 12.3.4.
12.3.6 The Construction Manager shall enforce the warranty obligations of the Subcontractors and Suppliers which shall
include the following provisions:
.1 the Subcontractor or the Supplier shall correct promptly at its expense defects or deficiencies in the work which
appear prior to and during the warranty periods specified in the Contract Documents; and .
.2 the Subcontractor or the Supplier shall correct or pay for damage resulting from corrections made under the
requirements of paragraph 12.3.4.
12.3.7 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 Construction Manager’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.

42 CCDC 5B – 2010
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
APPENDIX – STIPULATED PRICE OPTION

The Owner and the Construction Manager may agree to exercise the stipulated price option at any time during the term of the
Contract as in accordance with Article A-8 of the Agreement – OPTIONS. Upon the issuance of the Change Order exercising
the stipulated price option, the following Articles of the Agreement, Definitions and General Conditions shall be deemed deleted,
amended or added, as the case may be, and the Contract so revised shall be deemed to govern the rights and obligations of the
parties with respect to the Services and Work to be provided from and after the date of the Change Order, unless stipulated
otherwise in the Change Order.

ARTICLES OF THE AGREEMENT

1. Article A-1
New paragraph 1.4
insert new paragraph as follows:
1.4 subject to adjustment in Contract Time as provided for in the Contract Documents, attain Substantial
Performance of the Work, by the ______ day of ________________________ in the year _________.

2. Article A-5
Delete this Article in its entirety.

3. Article A-6
Delete this Article in its entirety.

4. Article A-7
Delete this Article and replace with the following:
ARTICLE A-7 COST OF WORK

7.1 The cost of performing the work attributable to any Change Directive shall include:
.1 salaries, wages and benefits paid to personnel in the direct employ of the Construction Manager under a salary
or wage schedule agreed upon by the Owner and the Construction Manager, or in the absence of such a
schedule, actual salaries, wages and benefits paid under applicable bargaining agreement, and in the absence of
a salary or wage schedule and bargaining agreement, actual salaries, wages and benefits paid by the
Construction Manager, for personnel
(1) stationed at the Place of the Work, in whatever capacity employed;
(2) engaged in expediting the production or transportation of material or equipment, at shops or on the road;
(3) engaged in the preparation or review of Shop Drawings, fabrication drawings and coordination drawings;
or
(4) engaged in the processing of changes in the Work.
.2 contributions, assessments or taxes incurred for such items as employment insurance, provincial or territorial
health insurance, workers' compensation, and Canada or Quebec Pension Plan, insofar as such cost is based on
wages, salaries or other remuneration paid to employees of the Construction Manager and included in the cost
of the Work as provided in paragraph 7.1.1;
.3 travel and subsistence expenses of the Construction Manager's personnel described in paragraph 7.1.1;
.4 all Products including cost of transportation thereof;
.5 materials, supplies, Construction Equipment, Temporary Work, and hand tools not owned by the workers,
including transportation and maintenance thereof, which are consumed in the performance of the Work; and
cost less salvage value on such items used but not consumed, which remain the property of the Construction
Manager;
.6 all tools and Construction Equipment, exclusive of hand tools used in the performance of the Work, whether
rented from or provided by the Construction Manager or others, including installation, minor repairs and
replacements, dismantling, removal, transportation, and delivery cost thereof;
.7 the Construction Manager’s field office;

CCDC 5B – 2010 43
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
.8 deposits lost provided that they are not caused by negligent acts or omissions of the Construction Manager and
the Services are performed in accordance with this Contract;
.9 the amount of all subcontracts;
.10 quality assurance such as independent inspection and testing services;
.11 charges levied by authorities having jurisdiction at the Place of the Work;
.12 royalties, patent license fees and damages for infringement of patents and cost of defending suits therefor
subject always to the Construction Manager's obligations to indemnify the Owner as provided in paragraph
10.3.1 of GC 10.3 – PATENT FEES;
.13 any adjustment in premiums for all contract securities and insurance that the Construction Manager is required,
by the Contract Documents, to purchase and maintain;
.14 any adjustment in taxes, other than Value Added Taxes, and duties relating to the Work for which the
Construction Manager is liable;
.15 charges for long distance communications, courier services, expressage, printing, and reproduction incurred in
relation to the performance of the Work;
.16 removal and disposal of waste products and debris;
.17 the cost of safety measures and requirements;
.18 other costs incurred in the performance of the Work as listed below:

6. Article A-8
Delete this Article and replace with the following:
ARTICLE A-8 CONTRACT PRICE

8.1 The Contract Price, which excludes Value Added Taxes, is:
_________________________________________________________ /100 dollars $ _________________

8.2 Value Added Taxes (of ______ %) payable by the Owner to the Construction Manager are:
_________________________________________________________ /100 dollars $ _________________

8.3 Total amount payable by the Owner to the Construction Manager for the construction of the Work is:
_________________________________________________________ /100 dollars $ _________________

8.4 These amounts shall be subject to adjustments as provided in the Contract Documents.

8.5 All amounts are in Canadian funds.

7. Article A-9
paragraph 9.1
Delete and replace with the following:
9.1 Where required by provincial or territorial legislation, payments shall be subject to the lien legislation applicable to
the Place of the Work. The Owner shall pay the Construction Manager:
.1 payments on account of the Contract Price when due in the amount certified by the Consultant together with
such Value Added Taxes as may be applicable to such payments,
.2 upon Substantial Performance of the Work, 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, the unpaid balance of the Construction Manager’s Fee
for the Services and the Contract Price when due together with such Value Added Taxes as may be applicable
to such payment.

8. Schedule, A1
Delete this Schedule in its entirety.

44 CCDC 5B – 2010
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
9. Schedule A2
Delete this Schedule in its entirety.

10. Schedule B
Delete this Schedule in its entirety.

DEFINITIONS

11. Definition 5 – CHANGE DIRECTIVE

Delete and replace with the following:
5. Change Directive
A Change Directive is a written instruction prepared by the Consultant and signed by the Owner directing the
Construction Manager to proceed with a change in the Work within the general scope of this Contract prior to the
Owner and the Construction Manager agreeing upon adjustments in the Contract Price and the Contract Time.

12. Definition 6 – CHANGE ORDER

Delete and replace with the following:
6. Change Order
A Change Order is a written amendment to this Contract prepared by the Consultant and signed by the Owner and
the Construction Manager stating their agreement upon:
- a change in the Services;
- 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.

13. Definition 32 – SUPPLEMENTAL INSTRUCTION

Delete and replace with the following:
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.

14. New Definition 38 – CONTRACT PRICE

Insert new Definition as follows:
Contract Price
The Contract Price, which excludes Value Added Taxes, is the amount specified in Article A-8 – CONTRACT PRICE to
complete the Services and the Work.

GENERAL CONDITIONS

15. GC 2.3
Delete and replace with the following:
2.3.1 The Consultant will provide administration of the Work as described in the Contract Documents.
2.3.2 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.
2.3.3 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 Construction
Manager.
2.3.4 The Consultant will promptly inform the Owner of the date of receipt of the Construction Manager’s applications
for payment for the Work performed as provided in paragraph 5.4.7.1 of GC 5.4 – PROGRESS PAYMENT FOR
THE WORK.

CCDC 5B – 2010 45
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
2.3.5 Based on the Consultant's observations and evaluation of the Construction Manager’s applications for payment
for the Work performed, the Consultant will determine the amounts owing to the Construction Manager for the
Contract Price and will issue certificates for payment as provided in Article A-9 of the Agreement – PAYMENT,
GC 5.4 – PROGRESS PAYMENT FOR THE WORK and GC 5.8 – FINAL PAYMENT FOR THE WORK.
2.3.6 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 Construction Manager's failure to carry out
the Work in accordance with the Contract Documents. The Consultant will not have control over, charge of or be
responsible for the acts or omissions of the Construction Manager, Subcontractors, Suppliers, or their agents,
employees, or any other persons performing portions of the Work.
2.3.7 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 Work.
2.3.8 Matters in question relating to the performance of the Work or the interpretation of the Contract Documents,
except with respect to the scope, fee and reimbursable expenses of the Services, 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.
2.3.9 Interpretations and findings of the Consultant shall be consistent with the intent of the Contract Documents as
they relate to the Work. In making such interpretations and findings the Consultant will not show partiality to
either the Owner or the Construction Manager.
2.3.10 The Consultant’s interpretations and findings will be given in writing to the parties within a reasonable time.
2.3.11 With respect to claims for a change in the Contract Price, the Consultant will make findings as set out in GC 6.6
– CLAIMS FOR A CHANGE IN CONTRACT PRICE
2.3.12 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 Construction
Manager, Subcontractor, Suppliers, or their agents, employees, or other persons performing any of the Work.
2.3.13 During the progress of the Work the Consultant will furnish Supplemental Instructions to the Construction
Manager with reasonable promptness or in accordance with a schedule for such instructions agreed to by the
Consultant and the Construction Manager.
2.3.14 The Consultant will review and take appropriate action upon Shop Drawings, samples and other Construction
Manager’s submittals which are provided in accordance with the Construction Documents.
2.3.15 The Consultant will prepare Change Orders and Change Directives as provided in GC 6.2 – CHANGE ORDER
and GC 6.3 – CHANGE DIRECTIVE.
2.3.16 The Consultant will conduct reviews of the Work to determine the date of Substantial Performance of the Work
as provided in GC 5.5 – SUBSTANTIAL PERFORMANCE OF THE WORK.
2.3.17 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.
2.3.18 The Consultant will receive and review written warranties and related documents required by the Contract and
provided by the Construction Manager and will forward such warranties and documents to the Owner for the
Owner’s acceptance.

16. GC 2.4
Delete and replace with the following:
2.4.1 The Construction Manager shall provide the Owner and the Consultant access to the Work at all times. The
Construction Manager 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.
46 CCDC 5B – 2010
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2.4.2 If work is designated for tests, inspections or approvals in the Contract Documents, or by the Consultant’s
instructions, or by the laws or ordinances of the Place of the Work, the Construction Manager shall give the
Consultant reasonable notification of when the work will be ready for review and inspection. The Construction
Manager shall arrange for and shall give the Consultant reasonable notification of the date and time of
inspections by other authorities.
2.4.3 The Construction Manager shall furnish promptly to the Consultant two copies of certificates and inspection
reports relating to the Work.
2.4.4 If the Construction Manager 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
Construction Manager shall, if so directed, uncover such work, have the inspections or tests satisfactorily
completed, and make good covering work at the Construction Manager’s expense.
2.4.5 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 Construction Manager shall correct the work and pay the cost of
examination and correction at the Construction Manager’s expense. If the work is in accordance with the
requirements of the Contract Documents, the Owner shall pay the cost of examination and restoration.
2.4.6 The Construction Manager 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 Construction Manager or is designated by the laws or ordinances applicable to the Place of the
Work.
2.4.7 The Construction Manager shall pay the cost of samples required for any test or inspection to be performed by
the Consultant or the Owner if such test or inspection is designated in the Contract Documents.

17. GC 2.5
Delete and replace with the following:
2.5.1 The Construction Manager 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 has been incorporated in the
Work and whether or not the defect is the result of poor workmanship, use of defective products or damage
through carelessness or other act or omission of the Construction Manager. The correction of defective work
shall be at the Construction Manager’s expense.
2.5.2 The Construction Manager shall make good promptly other contractors’ work destroyed or damaged by such
removals or replacements. The correction of destroyed or damaged work shall be at the Construction Manager’s
expense.
2.5.3 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 Construction Manager
the difference in value between the work as performed and that called for by the Contract Documents. If the
Owner and the Construction Manager do not agree on the difference in value, they shall refer the matter to the
Consultant for a finding.

18. GC 3.7
Delete and replace with the following:
3.7.1 The Construction Manager 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 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 of persons
directly or indirectly employed by them as for acts and omissions of persons directly employed by the
Construction Manager.
3.7.2 The Construction Manager shall, before entering into contracts or written agreements with Subcontractors and
Suppliers, submit to the Owner all bids received for the various parts of the Work to be subcontracted and obtain
the Owner’s acceptance of the Subcontractors and Suppliers selected.

CCDC 5B – 2010 47
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
3.7.3 The Construction Manager shall cause to be obtained contract security from Subcontractors to the extent and for
the amounts approved by the Owner.
3.7.4 The Construction Manager shall not be required to employ as a Subcontractor or Supplier, a person or firm to
which the Construction Manager may reasonably object.
3.7.5 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.

19. GC 3.8
Delete and replace with the following:
3.8.1 The Construction Manager shall maintain good order and discipline among the Construction Manager’s
employees engaged on the Work and shall not employ on the Work anyone not skilled in the tasks assigned.
3.8.2 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.
3.8.3 The Construction Manager 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.

20. New GC 3.14 – SERVICES

Insert new General Condition as follows:
GC 3.14 SERVICES
3.14.1 The Construction Manager shall:
.1 chair and minute regular Project meetings with the Owner and the Consultant,
.2 prepare and update the cash flow forecasts in accordance with the Project budget that are specified in the
Contract or otherwise agreed with the Owner;
.3 provide reasonable assistance and information to permit recovery of all tax rebates where applicable, and
.4 assist the Owner in conducting post-construction occupancy review.

21. GC 4.1
Delete and replace with the following:
4.1.1 The Contract Price, and not the cash allowances, includes the Construction Manager’s overhead and profit in
connection with such cash allowances.
4.1.2 The Contract Price includes the cash allowances, if any, stated in this Contract. The scope of work or costs
included in such cash allowances shall be as described in this Contract.
4.1.3 Expenditures under cash allowances shall be authorized by the Owner through the Consultant.
4.1.4 Where costs under any cash allowance exceed the amount of the allowance, the Construction Manager shall be
compensated for the excess incurred and substantiated plus an amount for overhead and profit on the excess as set
out in the Contract Documents. Where costs under any cash allowance are less than the amount of the allowance,
the Owner shall be credited for the unexpended portion of the cash allowance, but not for the Construction
Manager’s overhead and profit on such amount. Multiple cash allowances shall not be combined for the purpose
of calculating the foregoing.
4.1.5 The Contract Price shall be adjusted by Change Order to provide for any difference between each cash
allowance and its actual cost.
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 Construction Manager and the Consultant shall jointly prepare a schedule that shows when the Consultant
and the Owner must authorize ordering of items called for under cash allowances to avoid delaying the progress
of the Work.

22. GC 5.2
Delete and replace with the following:
5.2.1 The Construction Manager shall keep full and detailed accounts and records necessary for the documentation of
and the cost of performing the work attributable to the Change Directive.

48 CCDC 5B – 2010
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
5.2.2 For 60 calendar days after the application for final payment or for such other period specified in the Contract, the
Owner shall be afforded reasonable access to all of the Construction Manager’s books, records, correspondence,
instructions, drawings, receipt vouchers, Subcontractor and Supplier invoices, and memoranda relating to the
cost of performing the work attributable to the Change Directive, and for this purpose the Construction Manager
shall preserve all such records..

23. GC 5.3
Delete this General Condition in its entirety.

24. GC 5.4
Delete and replace with the following:
5.4.1 Applications for payment on account as provided in Article A-9 of the Agreement – PAYMENT may be made
monthly as the Work progresses.
5.4.2 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.
5.4.3 The amount claimed shall be for the value, proportionate to the Contract Price, of Work performed and Products
delivered to the Place of the Work as of the last day of the payment period
5.4.4 The Construction Manager shall submit to the Consultant, at least 15 calendar days before the first application
for payment after exercising the stipulated price option, 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.
5.4.5 The schedule of values shall be made out in such form and supported by such evidence as the Consultant may
reasonably direct and when accepted by the Consultant, shall be used as the basis for applications for payment,
unless it is found to be in error.
5.4.6 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.
5.4.7 After receipt by the Consultant of an application for payment for the Work submitted by the Construction
Manager in accordance with paragraphs 5.4.1 to 5.4.6:
.1 the Consultant will promptly inform the Owner of the date of receipt of the Construction Manager’s
application for payment;
.2 the Consultant will issue to the Owner and copy to the Construction Manager, 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 amends the application, the
Consultant will promptly advise the Construction Manager in writing giving reasons for the amendment; and
.3 the Owner shall make payment to the Construction Manager on account as provided in Article A-9 of the
Agreement – PAYMENT on or before 20 calendar days after the later of:
- receipt by the Consultant of the application for payment, or
- the last day of the monthly payment period for which the application for payment is made.
5.4.8 The Construction Manager shall include a statement based on the schedule of values with each application for
payment.

25. GC 6.2
Delete and replace with the following:
6.2.1 When a change in the Work is proposed or required, the Consultant shall provide the Construction Manager with
a written description of the proposed change in the Work. The Construction Manager shall promptly present, in a
form acceptable to the Consultant, a method of adjustment or an amount of adjustment for the Contract Price and
the adjustment in the Contract Time, as applicable, for the proposed change in the Work.
6.2.2 When the Owner and Construction Manager agree to the adjustments in the Contract Price and the 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 applications for progress payment

CCDC 5B – 2010 49
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
26. GC 6.3
Delete and replace with the following:
6.3.1 If the Owner requires the Construction Manager to proceed with a change in the Work prior to the Owner and the
Construction Manager agreeing upon any corresponding adjustment in the Contract Price and the 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.
6.3.4 Upon receipt of a Change Directive, the Construction Manager 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 Construction Manager’s actual expenditures and savings attributable to the Change
Directive, valued in accordance with Article A-7 of the Agreement – COST OF WORK and as follows:
.1 If the change results in a net increase in the Construction Manager’s cost, the Contract Price shall be
increased by the amount of the net increase in the Construction Manager’s cost, plus the Construction
Manager’s percentage fee on such net increase.
.2 If the change results in a net decrease in the Construction Manager’s cost, the Contract Price shall be
decreased by the amount of the net decrease in the Construction Manager’s cost, without adjustment for
the Construction Manager’s percentage fee.
3 The Construction Manager’s fee shall be as specified in the Contract Documents or as
otherwise agreed by the parties.
6.3.7 If the Owner and the Construction Manager do not agree on the proposed adjustment in the Contract Price, the
Contract Time, or in the method of determining them, the adjustment shall be referred to the Consultant for a
finding.
6.3.8 When the Owner and the Construction Manager reach agreement on the adjustment to the Contract Price and the
Contract Time, this agreement shall be recorded in a Change Order.
6.3.9 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.

27. GC 6.4
Delete and replace with the following:
6.4.1 If the Owner or the Construction Manager 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
which 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 justify an increase or decrease in the Contract Price or the Contract Time, the
Consultant, with the Owner’s approval, will 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 report the reasons for this finding to
the Owner and the Construction Manager 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.

50 CCDC 5B – 2010
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
28. GC 6.5
Delete and replace with the following:
6.5.1 If the Construction Manager is delayed in the performance of the Work by an action or omission of the Owner,
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 Construction Manager. The Contract Price shall be adjusted by a
reasonable amount for costs incurred by the Construction Manager as the result of such delay.
6.5.2 If the Construction Manager 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
Construction Manager or any person employed or engaged by the Construction Manager directly or indirectly,
then the Contract Time shall be extended for such reasonable time as the Consultant may recommend in
consultation with the Construction Manager. The Contract Price shall be adjusted by a reasonable amount for
costs incurred by the Construction Manager as the result of such delay.
6.5.3 If the Construction Manager 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 Construction Manager is a member or to which the
Construction Manager is otherwise bound),
.2 fire, unusual delay by common carriers or unavoidable casualties,
.3 abnormally adverse weather conditions, or
.4 any cause beyond the Construction Manager’s control other than one resulting from a default or breach of
Contract by the Construction Manager,
then the Contract Time shall be extended for such reasonable time as the Consultant may recommend in
consultation with the Construction Manager. The extension of time shall not be less than the time lost as the
result of the event causing the delay, unless the Construction Manager agrees to a shorter extension. The
Construction Manager shall not be entitled to payment for costs incurred by such delays unless such delays result
from actions by the Owner, 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 the 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 2.3.13 of GC 2.3 – CONSULTANT’S RESPONSIBILITIES or
paragraph 3.5.1 of GC 3.5 – CONSTRUCTION SCHEDULE, 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.

29. GC 6.6
Delete and replace with the following:
GC 6.6. CLAIMS FOR A CHANGE IN CONTRACT PRICE
6.6.1 If the Construction Manager intends to make a claim for an increase to the Contract Price, or if the Owner
intends to make a claim against the Construction Manager 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 with a copy to
the Consultant.

30. GC 7.1
Delete and replace with the following:
7.1.1 If the Construction Manager is adjudged bankrupt, or makes a general assignment for the benefit of creditors
because of the Construction Manager’s insolvency, or if a receiver is appointed because of the Construction
Manager’s insolvency, the Owner may, without prejudice to any other right or remedy the Owner may have,
terminate the Construction Manager’s right to continue with the Work, by giving the Construction Manager or
receiver or trustee in bankruptcy Notice in Writing to that effect.

CCDC 5B – 2010 51
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
7.1.2 If the Construction Manager neglects to prosecute the Work properly or otherwise fails to comply with the
requirements of the Contract Documents to a substantial degree, and if the Consultant has given a written
statement to the Owner and Construction Manager that sufficient cause exists to justify such action, the Owner
may, without prejudice to any other right or remedy the Owner may have, give the Construction Manager Notice
in Writing that the Construction Manager is in default of the Construction Manager's contractual obligations and
instruct the Construction Manager 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 Construction Manager shall be in compliance with the Owner's
instructions if the Construction Manager:
.1 commences the correction of the default within the specified time, and
.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.
7.1.4 If the Construction Manager 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:
.1 correct such default and deduct the cost thereof from any payment then or thereafter due the Construction
Manager provided the Consultant has certified such cost to the Owner and the Construction Manager, or
.2 terminate the Construction Manager's right to continue with the Work in whole or in part or terminate the
Contract.
7.1.5 If the Owner terminates the Construction Manager'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, and
.2 withhold further payment to the Construction Manager until a final certificate for payment is issued, and
.3 charge the Construction Manager 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 Construction Manager that may be required under GC 12.3 – WARRANTY, exceeds the unpaid balance
of the Price of the Work; however, if such cost of finishing the Work is less than the unpaid balance of the
Price of the Work, the Owner shall pay the Construction Manager the difference, and
.4 on expiry of the warranty period, charge the Construction Manager the amount by which the cost of
corrections to the Construction Manager'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
Construction Manager the difference.
7.1.6 The Construction Manager’s obligation under the Contract as to quality, correction and warranty of the work
performed by the Construction Manager up to the time of termination shall continue in force after such
termination of the Contract.

31. GC 9.1
Delete and replace with the following:
9.1.1 The Construction Manager shall protect the Work and the Owner’s property and property adjacent to the Place of
the Work from damage which may arise as the result of the Construction Manager’s operations under this
Contract, and shall be responsible for such damage, except damage which occurs as the result of:
.1 errors in the Contract Documents;
.2 acts or omissions by the Owner, the Consultant, other contractors, or their respective agents and employees.
9.1.2 Before commencing any work, the Construction Manager shall locate on site all underground utilities and
structures that are indicated in the Contract Documents or information provided by the Owner, or that are
reasonably apparent in an inspection of the Place of the Work.
9.1.3 Should the Construction Manager in the performance of the Contract damage the Work, the Owner’s property or
property adjacent to the Place of the Work, the Construction Manager shall be responsible for making good such
damage at the Construction Manager’s expense.

52 CCDC 5B – 2010
Note: This contract is protected by copyright. Use of a CCDC 5B document not containing a CCDC 5B copyright seal constitutes an infringement of copyright. Only
sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
9.1.4 Should damage occur to the Work or Owner’s property for which the Construction Manager is not responsible, as
provided in paragraph 9.1.1, the Construction Manager shall make good such damage to the Work and, if the
Owner so directs, to the Owner’s property. The Contract Price and the 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.

32. GC 9.2
Delete and replace with the following:
9.2.1 For the purposes of applicable legislation, 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 Construction Manager 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 Construction Manager 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 Construction Manager 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 toxic or hazardous substances which were present at the Place of the Work prior to the Construction
Manager commencing the Work.
9.2.5 If the Construction Manager
.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 Construction Manager or anyone for whom the
Construction Manager 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 Construction Manager shall
.3 take all reasonable steps, including stopping the Work, to ensure that no person’s exposure to any toxic or
hazardous substances 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 Construction Manager do not agree on the existence or significance of toxic or hazardous
substances, or whether the toxic or hazardous substances were brought onto the Place of the Work by the
Construction Manager or anyone for whom the Construction Manager is responsible, 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 Construction Manager.
9.2.7 If the Owner and Construction Manager 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 Construction Manager or
anyone for whom the Construction Manager 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 Construction Manager 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 Construction Manager and the expert referred to in paragraph 9.2.6 and reimburse the Construction
Manager for reasonable costs incurred as a result of the delay; and
.4 indemnify the Construction Manager as required by GC 12.1 – INDEMNIFICATION.
9.2.8 If the Owner and Construction Manager 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 Construction Manager or anyone
for whom the Construction Manager is responsible, the Construction Manager shall promptly at the Construction
Manager’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 substance;
CCDC 5B – 2010 53
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
.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 12.1 – 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.

33. GC 9.3
Delete and replace with the following:
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 of the Work shall, as between the Owner and the Construction Manager, be deemed to be
the absolute property of the Owner.
9.3.2 The Construction Manager 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 Construction Manager’s cost or time to
perform the Work, the Consultant, with the Owner’s approval, will issue appropriate instructions for a change in
the Work as provided in GC 6.2 – CHANGE ORDER or GC 6.3 – CHANGE DIRECTIVE.

34. GC 9.5
Delete and replace with the following:
9.5.1 If the Construction Manager or 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 Construction Manager 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
.3 if the Owner and Construction Manager 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
Construction Manager.
9.5.2 If the Owner and Construction Manager agree, or if the expert referred to in paragraph 9.5.1.3 determines that the
presence of mould was caused by the Construction Manager’s operations under the Contract, the Construction
Manager shall promptly, at the Construction Manager’s own expense:
.1 take all reasonable and necessary steps to safely remediate or dispose of the mould, and
.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, and
.3 reimburse the Owner for reasonable costs incurred under paragraph 9.5.1.3, and
.4 indemnify the Owner as required by GC 12.1 – INDEMNIFICATION.
9.5.3 If the Owner and Construction Manager agree, or if the expert referred to in paragraph 9.5.1.3 determines that the
presence of mould was not caused by the Construction Manager’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 Construction Manager for the cost of taking the steps under 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 Construction Manager and the expert referred to in paragraph 9.5.1.3 and reimburse the Construction
Manager for reasonable costs incurred as a result of the delay; and
.4 indemnify the Construction Manager as required by GC 12.1 – INDEMNIFICATION.

54 CCDC 5B – 2010
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sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
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.

35. GC 10.1
Delete and replace with the following:
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 Construction Manager as stipulated in Article A-8 of the
Agreement – CONTRACT PRICE.
10.1.2 Any increase or decrease in costs to the Construction Manager due to changes in such included taxes and duties
after exercising the stipulated price option shall increase or decrease the Contract Price accordingly.

36. GC 10.2
Delete and replace with the following:
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 which the Contract Documents specify as the responsibility of the Construction Manager.
10.2.3 The Construction Manager 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 Construction Manager 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 Construction Manager 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 Construction
Manager shall advise the Consultant in writing requesting direction immediately upon such variance or change
becoming known. The Consultant will make 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 Construction Manager 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 Construction Manager shall be responsible for 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.

37. GC 10.3
Delete and replace with the following:
10.3.1 The Construction Manager shall pay the royalties and patent licence fees required for the performance of the
Contract. The Construction Manager shall hold the Owner harmless from and against claims, demands, losses,
costs, damages, actions, suits or proceedings arising out of the Construction Manager’s performance of the
Contract which are attributable to an infringement or an alleged infringement of a patent of invention by the
Construction Manager or anyone for whose acts the Construction Manager may be liable.
10.3.2 The Owner shall hold the Construction Manager harmless against claims, demands, losses, costs, damages,
actions, suits, or proceedings arising out of the Construction Manager’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, or any model, plan or design which was supplied to the Construction Manager as part of
the Contract.

CCDC 5B – 2010 55
Note: This contract is protected by copyright. Use of a CCDC 5B document not containing a CCDC 5B copyright seal constitutes an infringement of copyright. Only
sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
38. GC 11.2
Delete and replace with the following:
11.2.1 The Construction Manager shall, prior to commencement of the Work or within the specified time, provide to the
Owner any Contract security required by this Contract.
11.2.2 If this Contract requires surety bonds to be provided, such bonds shall be issued by a duly licensed surety
company authorized to transact a business of suretyship in the province or territory of the Place of the Work and
shall be maintained in good standing until the fulfilment of this Contract. The form of such bonds shall be in
accordance with the latest edition of the CCDC approved bond forms.

39. GC 12.1
Delete and replace with the following:
12.1.1 Without restricting the parties’ obligation to indemnify as described in paragraphs 12.1.4 and 12.1.5, the Owner
and the Construction Manager 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
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 date of Substantial Performance of the Work
as set out in the certificate of Substantial Performance of the Work issued pursuant to paragraph 5.5.2.2 of
GC 5.5 – SUBSTANTIAL PERFORMANCE OF THE WORK 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.
12.1.2 The obligation of either party to indemnify as set forth in paragraph 12.1.1 shall be limited as follows:
.1 In respect to losses suffered by the Owner and the Construction Manager for which insurance is to be
provided by either party pursuant to GC 11.1 – INSURANCE, the insurance limit for the loss so covered as
prescribed in GC 11.1 – INSURANCE.
.2 In respect to losses suffered by the Owner and the Construction Manager 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
or $2,000,000, but in no event shall the sum be greater than $20,000,000.
.3 In respect to claims by third parties for direct loss resulting from bodily injury, sickness, disease or death, or
to injury to or destruction of tangible property, the obligation to indemnify is without limit. In respect to all
other claims for indemnity as a result of claims advanced by third parties, the limits of indemnity set forth in
paragraphs 12.1.2.1 and 12.1.2.2 shall apply.
12.1.3 The obligation of either party to indemnify the other as set forth in paragraphs 12.1.1 and 12.1.2 shall be inclusive
of interest and all legal costs.
12.1.4 The Owner and the Construction Manager 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.
12.1.5 The Owner shall indemnify and hold harmless the Construction Manager from and against all claims, demands,
losses, costs, damages, actions, suits, or proceedings:
.1 as described in GC 10.3 – PATENT FEES, and
.2 arising out of the Construction Manager'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.
12.1.6 In respect to any claim for indemnity or to be held harmless by the Owner or the Construction Manager:
.1 Notice in Writing of such claim shall be given within a reasonable time after the facts upon which such claim
is based became known;
.2 should either party be required as a result of its obligation to indemnify the other 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.
56 CCDC 5B – 2010
Note: This contract is protected by copyright. Use of a CCDC 5B document not containing a CCDC 5B copyright seal constitutes an infringement of copyright. Only
sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
40. GC 12.3
Delete and replace with the following:
12.3.1 Except for extended warranties as described in paragraph 12.3.6, the warranty period under this Contract is one
year from the date of Substantial Performance of the Work.
12.3.2 The Construction Manager shall be responsible for the proper performance of the Work to the extent that the
design and the Contract Documents permit such performance.
12.3.3 The Owner, through the Consultant, shall promptly give the Construction Manager 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 Construction Manager shall correct promptly, at the Construction Manager's
expense, defects or deficiencies in the Work which appear prior to and during the one year warranty period.
12.3.5 The Construction Manager 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 Construction Manager’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.

CCDC 5B – 2010 57
Note: This contract is protected by copyright. Use of a CCDC 5B document not containing a CCDC 5B copyright seal constitutes an infringement of copyright. Only
sign this contract if the document cover page bears a CCDC 5B copyright seal to demonstrate that it is intended by the parties to be an accurate and unamended
version of CCDC 5B – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
[Name of Project]
Standard Construction Document CCDC 17 – 2010
TABLE OF CONTENTS

AGREEMENT BETWEEN OWNER AND TRADE GC 3.10 Shop Drawings

CONTRACTOR FOR CONSTRUCTION MANAGEMENT GC 3.11 Use of the Site
PROJECTS GC 3.12 Cutting and Remedial Work
A-1 The Work GC 3.13 Cleanup
A-2 Agreements and Amendments
A-3 Contract Documents PART 4 ALLOWANCES
A-4 Contract Price GC 4.1 Cash Allowances
A-5 Payment GC 4.2 Contingency Allowance
A-6 Communication
A-7 Receipt of and Addresses for Notices in Writing PART 5 PAYMENT
A-8 Language of the Contract GC 5.1 Financing Information Required of the Owner
A-9 Succession GC 5.2 Applications for Payment
GC 5.3 Progress Payment
DEFINITIONS GC 5.4 Substantial Performance of the Work
1. Change Directive GC 5.5 Payment of Holdback upon Substantial Performance of the Work
2. Change Order GC 5.6 Progressive Release of Holdback
3. Construction Equipment GC 5.7 Final Payment
4. Construction Manager GC 5.8 Withholding of Payment
5. Consultant GC 5.9 Non-conforming Work
6. Contract
7. Contract Documents PART 6 CHANGES IN THE WORK
8. Contract Price GC 6.1 Owner’s Right to Make Changes
9. Contract Time GC 6.2 Change Order
10. Drawings GC 6.3 Change Directive
11. Notice in Writing GC 6.4 Concealed or Unknown Conditions
12. Owner GC 6.5 Delays
13. Payment Certifier GC 6.6 Claims for a Change in Contract Price
14. Place of the Project
15. Product PART 7 DEFAULT NOTICE
16. Project GC 7.1 Owner's Right to Perform the Work, Terminate the Trade Contractor’s
17. Project In-Use Date Right to Continue with the Work or Terminate the Contract
18. Provide GC 7.2 Trade Contractor's Right to Suspend the Work or Terminate the Contract
19. Shop Drawings
20. Specifications PART 8 DISPUTE RESOLUTION
21. Substantial Performance of the Work GC 8.1 Authority of the Construction Manager and the Consultant
22. Supplemental Instruction GC 8.2 Negotiation, Mediation and Arbitration
23. Supplier GC 8.3 Retention of Rights
24. Temporary Work
25. Trade Conractor PART 9 PROTECTION OF PERSONS AND PROPERTY
26. Trade Subconractor GC 9.1 Protection of Work and Property
27. Value Added Taxes GC 9.2 Toxic and Hazardous Substances
28. Work GC 9.3 Artifacts and Fossils
29. Working Day GC 9.4 Construction Safety
GC 9.5 Mould
GENERAL CONDITIONS OF THE CONTRACT
PART 10 GOVERNING REGULATIONS
PART 1 GENERAL PROVISIONS GC 10.1 Taxes and Duties
GC 1.1 Contract Documents GC 10.2 Laws, Notices, Permits, and Fees
GC 1.2 Law of the Contract GC 10.3 Patent Fees
GC 1.3 Rights and Remedies GC 10.4 Workers' Compensation
GC 1.4 Assignment
PART 11 INSURANCE AND CONTRACT SECURITY
PART 2 ADMINISTRATION OF THE CONTRACT GC 11.1 Insurance
GC 2.1 Authority of the Construction Manager and the Consultant GC 11.2 Contract Security
GC 2.2 Roles of the Construction Manager and the Consultant
GC 2.3 Review and Inspection of the Work PART 12 INDEMNIFICATION, WAIVER OF CLAIMS AND WARRANTY
GC 2.4 Defective Work GC 12.1 Indemnification
GC 12.2 Waiver of Claims
PART 3 EXECUTION OF THE WORK GC 12.3 Warranty
GC 3.1 Control of the Work
GC 3.2 Construction by Owner, Construction Manager or Other Contractors CCDC 17 and CCDC 5A ‘Construction Management Contract–For Services’ are
GC 3.3 Temporary Work complimentary documents. CCDC 17 is the product of a consensus-building
GC 3.4 Document Review process aimed at balancing the interests of all parties on the construction project.
GC 3.5 Construction Schedule It reflects recommended industry practices. CCDC 17 can have important
GC 3.6 Supervision consequences. The CCDC and its constituent member organizations do not accept
GC 3.7 Trade Subcontractors and Suppliers any responsibility or liability for loss or damage which may be suffered as a result
GC 3.8 Labour and Products of the use or interpretation of CCDC 17.
GC 3.9 Documents at the Site
Standard Construction Document CCDC 17 – 2010
AGREEMENT BETWEEN OWNER AND TRADE CONTRACTOR
FOR CONSTRUCTION MANAGEMENT PROJECTS
This Agreement made on the day of in the year .
by and between the parties

hereinafter called the Owner

and

hereinafter called the Trade Contractor

The Owner and the Trade Contractor agree as follows:

ARTICLE A-1 THE WORK

The Trade Contractor shall:
1.1 perform the Work required by the Contract Documents for

insert above the description of the Work

for the Project

[Name of Project]

insert above the title of the Project

located at

insert above the Place of the Project

for which the Agreement has been signed by the parties, and for which

insert above the name of the Construction Manager

is acting as and is hereinafter called the Construction Manager, and for which

insert above the name of the Consultant

is acting as and is hereinafter called the Consultant, and for which
the Construction Manager* / Consultant* is acting as the Payment Certifier, and (* Strike out inapplicable term.)

CCDC 17 – 2010 1
Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only
sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCDC 17 – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
1.2 do and fulfill everything indicated by the Contract Documents, and
1.3 perform the Work:
.1 in accordance with a schedule provided by the Owner at the time of signing the Contract, or
.2 in accordance with a schedule mutually agreed upon if provided by the Owner after the signing of the Contract; or
.3 if no schedule is provided by the Owner, 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 Substantial Performance of the
Work, 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 bidding 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.

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 Trade Contractor
• Definitions
• The General Conditions of the Contract
*

* (Insert here, attaching additional pages if required, a list identifying all other Contract Documents e.g. supplementary conditions; information documents; 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; schedule)

2 CCDC 17 – 2010
Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only
sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCDC 17 – 2010 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:

/100 dollars $
4.2 Value Added Taxes (at %) payable by the Owner to the Trade Contractor are:

/100 dollars $
4.3 Total amount payable by the Owner to the Trade Contractor for the Work is:

/100 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 in accordance with legislation and statutory regulations respecting
holdback percentages and, where such legislation or regulations do not exist or apply, subject to a holdback of
percent ( %), the Owner shall:
.1 make progress payments to the Trade Contractor on account of the Contract Price when due in the amount certified by the
Payment Certifier together with such Value Added Taxes as may be applicable to such payment, and
.2 upon Substantial Performance of the Work, pay to the Trade 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 Trade 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 In the event of loss or damage occurring where payment becomes due under the property and boiler insurance policies, payments
shall be made to the Trade Contractor in accordance with the provisions of GC 11.1 – INSURANCE.
5.3 Interest
.1 Should either party fail to make payments as they become due under the terms of the Contract or in an award by 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 5.3.1 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 COMMUNICATION

6.1 Except for the direct communications described in paragraph 6.2 of this Article, all communications between the Trade
Contractor, and the Owner, the Consultant or the Payment Certifier that relate to the Contract shall be forwarded through the
Construction Manager.
6.2 The parties shall inform the Construction Manager of the following direct communications:
.1 between the Payment Certifier and the Owner, Consultant or Trade Contractor as described in Part 5 of the General
Conditions – PAYMENT;
.2 among the Owner, Consultant and Trade Contractor with respect to Notices in Writing; and
.3 as otherwise expressly specified in the Contract Documents.
CCDC 17 – 2010 3
Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only
sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCDC 17 – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
ARTICLE A-7 RECEIPT OF AND ADDRESSES FOR NOTICES IN WRITING
7.1 Notices in Writing will be addressed to the recipient at the address set out below.
7.2 The delivery of a Notice in Writing will be by hand, by courier, by prepaid first class mail, or by facsimile or other form of
electronic communication during the transmission of which no indication of failure of receipt is communicated to the sender.
7.3 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 shall 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 shall be deemed to have been received on the Working Day next following such day.
7.4 A Notice in Writing sent by facsimile or other form of electronic communication shall 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 shall 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.
7.5 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.
Owner

name of Owner*

address

facsimile number email address

Trade Contractor

name of Trade Contractor*

address

facsimile number email address

Construction Manager

name of Construction Manager*

address

facsimile number email address

4 CCDC 17 – 2010
Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only
sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCDC 17 – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
Consultant

name of Consultant *

address

facsimile number email address

* If it is intended that a specific individual must receive the notice, that individual’s name shall be indicated.

ARTICLE A-8 LANGUAGE OF THE CONTRACT

8.1 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.
8.2 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.

CCDC 17 – 2010 5
Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only
sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCDC 17 – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
ARTICLE A-9 SUCCESSION
9.1 The Contract shall enure to the benefit of and be binding upon the parties hereto, their respective heirs, legal representatives,
successors, and assigns.

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 of witness signature

name of person signing name and title of person signing

signature of witness signature

name of person signing name and title of person signing

WITNESS TRADE CONTRACTOR

name of Trade Contractor

signature of witness signature

name of person signing name and title of person signing

signature of witness signature

name of person signing name and title of person signing

N.B. Where legal jurisdiction, local practice or Owner or Trade 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.

6 CCDC 17 – 2010
Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only
sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCDC 17 – 2010 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. References in the definition to the singular shall be considered to
include the plural as the context requires.
Change Directive
A Change Directive is a written instruction issued by the Owner through the Construction Manager and signed by the Owner directing
the Trade Contractor to proceed with a change in the Work within the general scope of the Contract Documents prior to the Owner and
the Trade Contractor agreeing upon adjustments in the Contract Price and the Contract Time.
Change Order
A Change Order is a written amendment to the Contract issued by the Construction Manager and signed by the Owner and the Trade
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.
Construction Manager
The Construction Manager is the person or entity engaged by the Owner and identified as such in the Agreement.
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 Project.
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 stipulated in paragraph 1.3 of Article A-1 of the Agreement – THE WORK from commencement of the
Work to Substantial Performance of the Work.
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 Construction Manager or the Consultant that is transmitted in accordance with the provisions of Article A-7 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.
Payment Certifier
The Payment Certifier is either the Construction Manager or the Consultant identified as such in the Agreement.
Place of the Project
The Place of the Project is the designated site or location of the Project identified in the Contract Documents.

CCDC 17 – 2010 7
Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only
sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCDC 17 – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
Product
Product means material, machinery, equipment, and fixtures incorporated into the Work, but does not include Construction Equipment.
Project
The Project means the total construction contemplated of which the Work may be the whole or a part.
Project In-Use Date
Project In-Use Date shall have been reached when the Project is ready for use or is being used for the purpose intended and is so
confirmed in writing by the Construction Manager in consultation with the Consultant and the Owner.
Provide
Provide means to supply and install.
Shop Drawings
Shop Drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures, Product data, and other data which the
Trade 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.
Substantial Performance of the Work
Substantial Performance of the Work is as defined in the lien legislation applicable to the Place of the Project. If such legislation is not in
force or does not contain such definition, or if the Work is governed by the Civil Code of Quebec, Substantial Performance of the Work
shall have been reached when the Work is ready for use or is being used for the purpose intended and is so certified by the Payment
Certifier.
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 Construction Manager 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 Trade 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.
Trade Contractor
The Trade Contractor is the person or entity identified as such in the Agreement.
Trade Subcontractor
A Trade Subcontractor is a person or entity having a direct contract with the Trade Contractor to perform a part or parts of the Work at
the Place of the Project.
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 Trade 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 Project.

8 CCDC 17 – 2010
Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only
sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCDC 17 – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
GENERAL CONDITIONS OF THE CONTRACT

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 Trade Contractor in accordance with these documents. It is not intended, however, that the Trade Contractor shall
supply products or perform work not consistent with, not covered by, or not properly inferable from the Contract Documents.
1.1.2 Nothing contained in the Contract Documents shall create any contractual relationship between:
.1 the Owner and a Trade Subcontractor, a Supplier, or their agent, employee, or other person performing any of the Work. ;
.2 the Construction Manager and the Trade Contractor, a Trade Subcontractor, a Supplier, or their agent, employee, or other
person performing any portion of the Work; or
.3 the Consultant and the Trade Contractor, a Trade Subcontractor, a Supplier, or their agent, employee, or other person
performing any portion of the Work.
1.1.3 The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all.
1.1.4 Words and abbreviations which have well known technical or trade meanings are used in the Contract Documents in accordance
with such recognized meanings.
1.1.5 Neither the organization of the Specifications nor the arrangement of Drawings shall control the Trade Contractor in dividing
the work among Trade Subcontractors and Suppliers.
1.1.6 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 the Owner and Trade Contractor,
• the Definitions,
• Supplementary Conditions,
• the General Conditions of the Contract,
• Division 1 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 later dated documents shall govern over earlier documents of the same type.
.5 noted materials and annotations shall govern over graphic indications.
1.1.7 The Owner shall provide the Trade Contractor, without charge, sufficient copies of the Contract Documents to perform the
Work.
1.1.8 Specifications, Drawings, models, and copies thereof furnished by the Consultant are and shall remain the Consultant's property.
Signed Contract sets shall belong to each party to the Contract. All Specifications, Drawings and models prepared by the
Consultant and issued to the Trade Contractor 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.
1.1.9 Models furnished by the Trade 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 Project shall govern the interpretation of the Contract.

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unamended version of CCDC 17 – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
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.
1.3.2 No action or failure to act by the Owner, Construction Manager, Consultant, Payment Certifier, or Trade 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 CONSTRUCTION MANAGER AND THE CONSULTANT

2.1.1 The Construction Manager and 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 Construction Manager and the Consultant as set forth in the
Contract Documents shall be modified or extended only with the written consent of the Owner and the Trade Contractor.
2.1.3 If the employment of the Construction Manager or the Consultant is terminated, the Owner shall immediately appoint or
reappoint those against whom the Trade Contractor makes no reasonable objection and whose duties, responsibilities and
limitations of authority under the Contract Documents will be that of the former Construction Manager or the former
Consultant, as the case may be.
2.1.4 If the employment of the Construction Manager or the Consultant as the Payment Certifier is terminated, the Owner shall
immediately appoint or reappoint the Construction Manager or the Consultant as the Payment Certifier.

GC 2.2 ROLES OF THE CONSTRUCTION MANAGER AND THE CONSULTANT

2.2.1 The Construction Manager will:
.1 provide administration of the Contract as described in the Contract Documents;
.2 in the first instance, receive all questions in writing by the Owner or the Trade Contractor for interpretations and findings
relating to the performance of the Work or the interpretation of the Contract Documents except with respect to GC 5.1 –
FINANCING INFORMATION REQUIRED OF THE OWNER;
.3 in the first instance, give interpretations and make findings on matters in question relating to the performance of the Work or
the requirements of the Contract Documents, except with respect to any and all architectural and engineering aspects of the
Work or GC 5.1 – FINANCING INFORMATION REQUIRED OF THE OWNER; and
.4 during the progress of the Work, issue Supplemental Instructions to the Trade Contractor with reasonable promptness or in
accordance with a schedule for such instructions agreed to by the Construction Manager and the Trade Contractor.
2.2.2 The Consultant will:
.1 visit the Place of the Project 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; and
.2 in the first instance, give interpretations and make findings on matters in question relating to the requirements of the design.
2.2.3 The Construction Manager and the Consultant will:
.1 have authority to reject work which in their opinion does not conform to the requirements of the Contract Documents
and whenever it is considered necessary or advisable, require inspection or testing of work, whether or not such work is
fabricated, installed or completed. However, neither the authority of the Construction Manager or 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
Construction Manager or the Consultant to the Trade Contractor, Trade Subcontractors, Suppliers, or their agents,
employees, or other persons performing any of the Work; and

10 CCDC 17 – 2010
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sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCDC 17 – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
.2 give interpretations and make findings that relate to the Work. Such interpretations and findings shall be provided in writing
within a reasonable time, and unless otherwise agreed with the Owner and the Trade Contractor, no later than 5 Working
Days of a request. In making such interpretations and findings the Construction Manager and the Consultant will not
show partiality to either the Owner or the Trade Contractor.
2.2.4 The Construction Manager and the Consultant will not:
.1 be responsible for the Trade Contractor's failure to carry out the Work in accordance with the Contract Documents; and
.2 have control over, charge of or be responsible for, the acts or omissions of the Trade Contractor, Trade Subcontractors,
Suppliers, or their agents, employees, or any other persons performing portions of the Work.

GC 2.3 REVIEW AND INSPECTION OF THE WORK

2.3.1 The Owner, the Construction Manager and the Consultant shall have access to the Work at all times. The Trade Contractor
shall provide sufficient, safe and proper facilities at all times for the review of the Work by the Construction Manager and 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 Project, the Owner, the Construction Manager 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, or by the instructions of the Construction
Manager or the Consultant, or by the laws or ordinances of the Place of the Project, the Trade Contractor shall give the
Construction Manager reasonable notification of when the work will be ready for review and inspection. The Trade Contractor
shall arrange for and shall give the Construction Manager reasonable notification of the date and time of inspections by other
authorities.
2.3.3 The Trade Contractor shall furnish promptly to the Construction Manager copies of certificates and inspection reports relating
to the Work.
2.3.4 If the Trade 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 Trade Contractor shall, if so
directed, uncover such work, have the inspections or tests satisfactorily completed, and make good covering work at the Trade
Contractor's expense.
2.3.5 The Construction Manager 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 Trade 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 Trade Contractor shall pay the cost of making any test or inspection if such test or inspection is designated in the Contract
Documents to be performed by the Trade Contractor or is so designated by the laws or ordinances applicable to the Place of the
Project.
2.3.7 The Trade 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 or is required pursuant to paragraph 2.3.6.

GC 2.4 DEFECTIVE WORK

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

CCDC 17 – 2010 11
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sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCDC 17 – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
PART 3 EXECUTION OF THE WORK

GC 3.1 CONTROL OF THE WORK

3.1.1 The Trade 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.
3.1.2 The Trade Contractor, and not the Owner, the Construction Manager or the Consultant, shall be 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 OWNER, CONSTRUCTION MANAGER OR OTHER CONTRACTORS

3.2.1 The Owner shall:
.1 provide for the co-ordination of the activities and work of other contractors and the Owner’s and the Construction
Manager’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; and
.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 Trade Contractor as it affects the Work.
3.2.2 The Trade Contractor shall:
.1 afford the Owner, the Construction Manager 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 as identified in the Contract Documents;
.3 participate with other contractors and the Construction Manager in reviewing their construction schedules when directed to
do so;
.4 report promptly to the Construction Manager in writing any apparent deficiencies in the work of other contractors or the
Owner’s or Construction Manager’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; and
.5 take all reasonable precautions to avoid labour disputes or other disputes on the Project arising from the work of other
contractors.
3.2.3 Where a change in the Work is required as a result of the co-ordination and integration of the work of other contractors or the
Owner’s or Construction Manager’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.
3.2.4 Disputes and other matters in question between the Trade 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 Trade
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 initiated by the Trade Contractor against other contractors will be considered disputes and other
matters in question between the Trade Contractor and the Owner.

GC 3.3 TEMPORARY WORK

3.3.1 The Trade Contractor shall have the responsibility for the design, erection, operation, maintenance, and removal of Temporary
Work unless otherwise specified in the Contract Documents.
3.3.2 The Trade 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 Trade Contractor shall not be held responsible for that part of the design or the specified method of
construction. The Trade 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.

12 CCDC 17 – 2010
Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only
sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCDC 17 – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
GC 3.4 DOCUMENT REVIEW
3.4.1 The Trade Contractor shall review the Contract Documents and shall report promptly to the Construction Manager any error,
inconsistency, or omission the Trade Contractor may discover. Such review by the Trade Contractor shall be to the best of the
Trade Contractor's knowledge, information and belief and in making such review the Trade Contractor does not assume any
responsibility to the Owner, the Construction Manager, or the Consultant for the accuracy of the review. The Trade Contractor
shall not be liable for damage or costs resulting from such errors, inconsistencies or omissions in the Contract Documents which
the Trade Contractor did not discover. If the Trade Contractor does discover any error, inconsistency or omission in the
Contract Documents, the Trade Contractor shall not proceed with the work affected until the Trade Contractor has received
corrected or missing information from the Construction Manager.

GC 3.5 CONSTRUCTION SCHEDULE

3.5.1 The Construction Manager will provide to the Trade Contractor the Project schedule that indicates the timing of the major
activities of the Project in sufficient detail for the Trade Contractor to schedule the Work.
3.5.2 The Construction Manager will monitor the progress of the Work relative to the Project schedule and update the Project
schedule on a monthly basis.
3.5.3 The Trade Contractor shall:
.1 prepare and submit to the Construction Manager within 15 calendar days after its receipt of the Project schedule, 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 that the Work will be performed in conformity with the Project schedule;
.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 Construction Manager 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 3.6 SUPERVISION
3.6.1 The Trade Contractor shall provide all necessary supervision and appoint a competent representative who shall be in attendance
at the Place of the Project while work is being performed. The appointed representative shall not be changed except for valid
reason.
3.6.2 The appointed representative shall represent the Trade Contractor at the Place of the Project. Information and instructions
provided in accordance with the Contract by the Construction Manager to the appointed representative shall be deemed to have
been received by the Trade Contractor, except with respect to Article A-7 of the Agreement – RECEIPT OF AND
ADDRESSES FOR NOTICES IN WRITING.

GC 3.7 TRADE SUBCONTRACTORS AND SUPPLIERS

3.7.1 The Trade 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 Trade Subcontractors and Suppliers to require them to perform their work as
provided in the Contract Documents;
.2 incorporate the terms and conditions of the Contract Documents into all contracts or written agreements with Trade
Subcontractors and Suppliers; and
.3 be as fully responsible to the Owner for acts and omissions of Trade Subcontractors, Suppliers and of persons directly or
indirectly employed by them as for acts and omissions of persons directly employed by the Trade Contractor.
3.7.2 The Trade Contractor shall indicate in writing, if requested by the Construction Manager, those Trade Subcontractors or
Suppliers whose bids have been received by the Trade Contractor which the Trade 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 Trade Contractor shall
employ those Trade Subcontractors or Suppliers so identified by the Trade Contractor in writing for the performance of that
portion of the Work to which their bid applies.
3.7.3 The Owner may, for reasonable cause, at any time before the Owner has signed the Contract, object to the use of a proposed
Trade Subcontractor or Supplier and require the Trade Contractor to employ one of the other trade subcontract bidders.

CCDC 17 – 2010 13
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sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCDC 17 – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
3.7.4 If the Owner requires the Trade Contractor to change a proposed Trade Subcontractor or Supplier, the Contract Price and
Contract Time shall be adjusted by the difference occasioned by such required change.
3.7.5 The Trade Contractor shall not be required to employ as a Trade Subcontractor or Supplier, a person or firm to whom the Trade
Contractor may reasonably object.
3.7.6 The Owner, through the Construction Manager, may provide to a Trade Subcontractor or Supplier information as to the
percentage of the Trade Subcontractor's or Supplier's work which has been certified for payment.

GC 3.8 LABOUR AND PRODUCTS

3.8.1 The Trade Contractor shall maintain good order and discipline among the Trade Contractor's employees engaged in the Work
and shall not employ in the Work anyone not skilled in the tasks assigned.
3.8.2 The Trade 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.
3.8.3 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 3.9 DOCUMENTS AT THE SITE

3.9.1 The Trade Contractor shall keep one copy of current Contract Documents, submittals, reports, and records of meetings at the
Place of the Project, in good order and available to the Construction Manager and the Consultant.

GC 3.10 SHOP DRAWINGS

3.10.1 The Trade Contractor shall provide Shop Drawings as required in the Contract Documents.
3.10.2 The Trade Contractor shall provide Shop Drawings to the Construction Manager for review by the Construction Manager and
the Consultant in orderly sequence and sufficiently in advance so as to cause no delay in the Work or in the work of other
contractors.
3.10.3 The Trade Contractor, the Consultant and the Construction Manager shall jointly prepare a schedule of the dates for provision,
review and return of Shop Drawings upon request by any one of them.
3.10.4 The Trade Contractor shall provide Shop Drawings in the form specified, or if not specified, as directed by the Consultant.
3.10.5 Shop Drawings provided by the Trade Contractor to the Construction Manager shall indicate by stamp, date and signature of
the person responsible for the review that the Trade Contractor has reviewed each one of them.
3.10.6 The Consultant's review is for conformity to the design concept and for general arrangement only.
3.10.7 Shop Drawings which require approval of any legally constituted authority having jurisdiction shall be provided to such
authority by the Trade Contractor for approval.
3.10.8 The Trade Contractor shall review all Shop Drawings before providing them to the Construction Manager. The Trade
Contractor represents by this review that:
.1 the Trade Contractor has determined and verified all field measurements, field construction conditions, Product
requirements, catalogue numbers and similar data, or will do so; and
.2 the Trade Contractor has checked and co-ordinated each Shop Drawing with the requirements of the Work and of the
Contract Documents.
3.10.9 At the time of providing Shop Drawings, the Trade Contractor shall expressly advise the Construction Manager in writing of
any deviations in a Shop Drawing from the requirements of the Contract Documents. The Construction Manager shall indicate
the Consultant‘s acceptance or rejection of such deviation expressly in writing.
3.10.10 If Shop Drawings are found to be in order, the Construction Manager will forward them to the Consultant. If the Construction
Manager or the Consultant find the Shop Drawings incomplete or not in order, the Construction Manager may request the Trade
Contractor to provide revised Shop Drawings.
3.10.11 The review by the Construction Manager and the Consultant shall not relieve the Trade Contractor of responsibility for errors
or omissions in the Shop Drawings or for meeting all requirements of the Contract Documents.

14 CCDC 17 – 2010
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sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCDC 17 – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
3.10.12 The Trade Contractor shall provide revised Shop Drawings to correct those which the Construction Manager found to be
incomplete or not in order or the Consultant rejects as inconsistent with the Contract Documents. The Trade Contractor shall
notify the Construction Manager in writing of any revisions to the Shop Drawings other than those requested by the
Construction Manager or the Consultant.
3.10.13 The Construction Manager will 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.

GC 3.11 USE OF THE SITE

3.11.1 The Trade Contractor shall confine Construction Equipment, Temporary Work, storage of Products, waste products and debris,
and operations of employees and Trade Subcontractors to limits indicated by laws, ordinances, permits, or the Contract
Documents and shall not unreasonably encumber the Place of the Project.
3.11.2 The Trade Contractor shall not load or permit to be loaded any part of the Project with a weight or force that will endanger the
safety of the Project.

GC 3.12 CUTTING AND REMEDIAL WORK

3.12.1 The Trade Contractor shall perform the cutting and remedial work required to make the affected parts of the Work come
together properly.
3.12.2 The Trade Contractor shall co-ordinate the Work to ensure that the cutting and remedial work is kept to a minimum.
3.12.3 Should the Owner, the Construction Manager, the Consultant, other contractors, or anyone employed by them be responsible for
ill-timed work necessitating cutting or remedial work to be performed, the Contract Price and the Contract Time shall be
adjusted as provided in GC 6.2 - CHANGE ORDER and GC 6.3 - CHANGE DIRECTIVE.
3.12.4 Cutting and remedial work shall be performed by specialists familiar with the Products affected and shall be performed in a
manner to neither damage nor endanger the Project.

GC 3.13 CLEANUP
3.13.1 The Trade Contractor shall maintain the Work in a safe and tidy condition and free from the accumulation of waste products and
debris, other than that caused by the Owner, the Construction Manager, other contractors, or their employees.
3.13.2 Before applying for Substantial Performance of the Work as provided in GC 5.4 – SUBSTANTIAL PERFORMANCE OF THE
WORK, the Trade Contractor shall remove waste products and debris, other than that resulting from the work of the Owner, the
Construction Manager, other contractors, or their employees, and shall leave the Place of the Project clean and suitable for use
or occupancy by the Owner. The Trade Contractor shall remove products, tools, Construction Equipment, and Temporary Work
not required for the performance of the remaining Work.
3.13.3 Prior to application for the final payment, the Trade Contractor shall remove any remaining Products, tools, Construction
Equipment, Temporary Work, and waste products and debris, other than those resulting from the work of the Owner, the
Construction Manager, other contractors, or their employees.

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 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 Trade 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 Construction Manager.

CCDC 17 – 2010 15
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unamended version of CCDC 17 – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
4.1.4 Where the actual cost of the Work under any cash allowance exceeds the amount of the allowance, the Trade Contractor shall be
compensated for the excess incurred and substantiated plus an amount for overhead and profit on the excess as set out in the
Contract Documents. Where the actual cost of the Work under any cash allowance is less than the amount of the allowance, the
Owner shall be credited for the unexpended portion of the cash allowance, but not for the Trade Contractor’s overhead and
profit on such amount. Multiple cash allowances shall not be combined for the purpose of calculating the foregoing.
4.1.5 The Contract Price shall be adjusted by Change Order to provide for any difference between the amount of each cash allowance
and the actual cost of the Work under that cash allowance.
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 Trade Contractor and the Construction Manager shall jointly prepare a schedule that shows when 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 Trade 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 Trade Contractor, before signing the Contract, and promptly from time to time thereafter,
furnish to the Trade 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 Trade 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.

GC 5.2 APPLICATIONS FOR PAYMENT

5.2.1 Applications for payment on account as provided in Article A-5 of the Agreement – PAYMENT may be made monthly to the
Construction Manager 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 Project as of the last day of the payment period.
5.2.4 The Trade Contractor shall submit to the Construction Manager, 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 and supported by such evidence as the Payment Certifier may reasonably
require and when accepted by the Payment Certifier, shall be used as the basis for applications for payment, unless it is found to
be in error.
5.2.6 The Trade Contractor shall include:
.1 with each application for payment a statement based on the schedule of values, and
.2 with each of the second and subsequent applications for payment a CCDC 9A ‘Statutory Declaration’ to state that all
accounts for labour, subcontracts, Products, Construction Equipment, and other indebtedness which may have been incurred
by the Trade Contractor as of the last day of the payment period or an alternative day agreed by the parties and for which
the Owner might in any way be held responsible have been paid in full, except for amounts properly retained as a holdback
or as an identified amount in dispute.
16 CCDC 17 – 2010
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sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCDC 17 – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
5.2.7 Applications for payment for Products delivered to the Place of the Project but not yet incorporated into the Work shall be
supported by such evidence as the Payment Certifier may reasonably require to establish the value and delivery of the Products.

GC 5.3 PROGRESS PAYMENT

5.3.1 After the Construction Manager receives an application for payment from the Trade Contractor as described in GC 5.2 –
APPLICATIONS FOR PAYMENT:
.1 the Construction Manager will promptly inform the Owner of the date of receipt of the Trade Contractor’s application
for payment and promptly forward a copy of the application for payment to the Consultant;
.2 the Payment Certifier will issue to the Owner and copy to the Trade Contractor and to the Construction Manager and the
Consultant, as the case may be, no later than 10 calendar days after the receipt by the Construction Manager of the
application for payment, a certificate for payment in the amount applied for, or in such other amount as the Payment
Certifier determines to be properly due. If the Payment Certifier amends the application, the Payment Certifier will
promptly advise the Trade Contractor in writing giving reasons for the amendment; and
.3 the Owner shall make payment to the Trade Contractor on account as provided in Article A-5 of the Agreement –
PAYMENT on or before 20 calendar days after the later of:
• receipt by the Construction Manager of the application for payment, or
• the last day of the monthly payment period for which the application for payment is made.

GC 5.4 SUBSTANTIAL PERFORMANCE OF THE WORK

5.4.1 When the Trade Contractor considers that the Work is substantially performed, or if permitted by the lien legislation applicable
to the Place of the Project a designated portion thereof which the Owner agrees to accept separately is substantially performed,
the Trade Contractor shall, within one Working Day, deliver to the Construction Manager and to the Owner a comprehensive
list of items to be completed or corrected, together with a written application for a review and verification by the Construction
Manager and the Consultant to establish Substantial Performance of the Work or of the designated portion of the Work. Failure
to include an item on the list does not alter the responsibility of the Trade Contractor to complete the Contract.
5.4.2 The Construction Manager and the Consultant will review the Work to verify the validity of the application and whichever of
them is the Payment Certifier, acting in that capacity, will promptly, and in any event, no later than 20 calendar days after the
Construction Manager’s receipt of the Trade Contractor's list and application:
.1 advise the Trade 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 Trade Contractor.
5.4.3 Immediately following the issuance of the certificate of Substantial Performance of the Work or a designated portion of the
Work, the Trade Contractor, in consultation with the Construction Manager, will establish a reasonable date for completing the
Work.

GC 5.5 PAYMENT OF HOLDBACK UPON SUBSTANTIAL PERFORMANCE OF THE WORK

5.5.1 After the issuance of the certificate of Substantial Performance of the Work, the Trade Contractor shall submit to the
Construction Manager an application for payment of the holdback amount including a CCDC 9A ‘Statutory Declaration’.
5.5.2 After the Construction Manager receives an application for payment of the holdback amount from the Trade Contractor,
whichever of the Construction Manager and the Consultant who is the Payment Certifier, and acting in that capacity, will issue a
certificate for payment of the holdback amount.
5.5.3 Where the holdback amount required by the applicable lien legislation has not been placed in a separate holdback account, the
Owner shall, 10 calendar days prior to the expiry of the holdback period stipulated in the lien legislation applicable to the Place
of the Project, place the holdback amount in a bank account in the joint names of the Owner and the Trade Contractor.
5.5.4 In the common law jurisdictions, the holdback amount authorized by the certificate for payment of the holdback amount is due
and payable on the first calendar day following the expiration of the holdback period stipulated in the lien legislation applicable
to the Place of the Project. Where lien legislation does not exist or apply, the holdback amount shall be due and payable in
accordance with other legislation, industry practice or provisions which may be agreed to between the parties. The Owner may
retain out of the holdback amount any sums required by law to satisfy any liens against the Work or, if permitted by the lien
legislation applicable to the Place of the Project, other third party monetary claims against the Trade Contractor which are
enforceable against the Owner.
CCDC 17 – 2010 17
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sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCDC 17 – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
5.5.5 In the Province of Quebec, the holdback amount authorized by the certificate for payment of the holdback amount is due and
payable 30 calendar days after the issuance of the certificate. The Owner may retain out of the holdback amount any sums
required to satisfy any legal hypothecs that have been taken, or could be taken, against the Work or other third party monetary
claims against the Trade Contractor which are enforceable against the Owner.

GC 5.6 PROGRESSIVE RELEASE OF HOLDBACK

5.6.1 In the Common Law jurisdictions, where legislation permits and where, upon application by the Trade Contractor, the Payment
Certifier has certified that the work of a Trade Subcontractor or Supplier has been performed prior to Substantial Performance
of the Work, the Owner shall pay the Trade Contractor the holdback amount retained for such subcontract work, or the Products
supplied by such Supplier, on the first calendar day following the expiration of the holdback period for such work stipulated in
the lien legislation applicable to the Place of the Project. The Owner may retain out of the holdback amount any sums
required by law to satisfy any liens against the Work or, if permitted by the lien legislation applicable to the Place of the
Project, other third party monetary claims against the Trade Contractor which are enforceable against the Owner.
5.6.2 In the Province of Quebec, where, upon application by the Trade Contractor, the Payment Certifier has certified that the work of
a Trade Subcontractor or Supplier has been performed prior to Substantial Performance of the Work, the Owner shall pay the
Trade Contractor the holdback amount retained for such subcontract work, or the Products supplied by such Supplier, no later
than 30 calendar days after such certification by the Payment Certifier. The Owner may retain out of the holdback amount any
sums required to satisfy any legal hypothecs that have been taken, or could be taken, against the Work or other third party
monetary claims against the Trade Contractor which are enforceable against the Owner.
5.6.3 Notwithstanding the provisions of the preceding paragraphs, and notwithstanding the wording of such certificates, the Trade
Contractor shall ensure that such subcontract work or Products are protected pending the Substantial Performance of the Work
and be responsible for the correction of defects or work not performed regardless of whether or not such was apparent when such
certificates were issued.

GC 5.7 FINAL PAYMENT

5.7.1 When the Trade Contractor considers that the Work is completed, the Trade Contractor shall submit an application for final
payment to the Construction Manager
5.7.2 No later than 10 calendar days after the receipt by the Construction Manager an application for final payment from the Trade
Contractor:
.1 the Construction Manager and the Consultant will review the Work to verify the validity of the application, and
.2 the Payment Certifier will advise the Trade Contractor in writing that the application is valid or give reasons why it is not
valid.
5.7.3 When the Construction Manager and the Consultant find the Trade Contractor's application for final payment valid, whichever
of them is the Payment Certifier, and acting in that capacity, will promptly issue a final certificate for payment.
5.7.4 Subject to the provision of paragraph 10.4.1 of GC 10.4 – WORKERS' COMPENSATION, and any lien legislation applicable
to the Place of the Project, the Owner shall, no later than 5 calendar days after the issuance of a final certificate for payment, pay
the Trade Contractor as provided in Article A-5 of the Agreement – PAYMENT.

GC 5.8 WITHHOLDING OF PAYMENT

5.8.1 If because of climatic or other conditions reasonably beyond the control of the Trade Contractor, there are items of work that
cannot be performed, payment in full for that portion of the Work which has been performed as certified by the Payment
Certifier 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 Payment Certifier determines is sufficient and reasonable to cover
the cost of performing such remaining Work.

GC 5.9 NON-CONFORMING WORK

5.9.1 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.

18 CCDC 17 – 2010
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sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCDC 17 – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
PART 6 CHANGES IN THE WORK

GC 6.1 OWNER’S RIGHT TO MAKE CHANGES

6.1.1 The Owner 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 Trade 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 Construction Manager will provide the Trade Contractor with a written
description of the proposed change in the Work. The Trade Contractor shall promptly present, in a form acceptable to the
Construction Manager, 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 Trade 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 Trade Contractor to proceed with a change in the Work prior to the Owner and the Trade Contractor
agreeing upon the corresponding adjustment in Contract Price and Contract Time, the Owner, through the Construction
Manager, 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.
6.3.4 Upon receipt of a Change Directive, the Trade 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 Trade 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 Trade Contractor’s cost, the Contract Price shall be increased by the amount of
the net increase in the Trade Contractor’s cost, plus the Trade Contractor’s percentage fee on such net increase.
.2 If the change results in a net decrease in the Trade Contractor’s cost, the Contract Price shall be decreased by the amount of
the net decrease in the Trade Contractor’s cost, without adjustment for the Trade Contractor’s percentage fee.
.3 The Trade 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:
.1 salaries, wages and benefits paid to personnel in the direct employ of the Trade Contractor under a salary or wage schedule
agreed upon by the Owner and the Trade Contractor, or in the absence of such a schedule, actual salaries, wages and
benefits paid under applicable bargaining agreements, and in the absence of a salary or wage schedule and bargaining
agreement, actual salaries, wages and benefits paid by the Trade Contractor, for personnel:
(1) stationed at the Trade Contractor’s field office, in whatever capacity employed;
(2) engaged in expediting the production or transportation of material or equipment, at shops or on the road;
(3) engaged in the preparation or review of Shop Drawings, fabrication drawings, and coordination drawings; or
(4) engaged in the processing of changes in the Work.
.2 contributions, assessments or taxes incurred for such items as employment insurance, provincial or territorial health
insurance, workers' compensation, and Canada or Quebec Pension Plan, insofar as such cost is based on wages, salaries or
other remuneration paid to employees of the Trade Contractor and included in the cost of the Work as provided in
paragraph 6.3.7.1;

CCDC 17 – 2010 19
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.3 travel and subsistence expenses of the Trade Contractor's personnel described in 6.3.7.1;
.4 all Products including the cost of transportation thereof;
.5 materials, supplies, Construction Equipment, Temporary Work, and hand tools not owned by the workers, including
transportation and maintenance thereof, which are consumed in the performance of the Work; and cost less salvage value on
such items used but not consumed, which remain the property of the Trade Contractor;
.6 all tools and Construction Equipment, exclusive of hand tools used in the performance of the Work, whether rented from or
provided by the Trade Contractor or others, including installation, minor repairs and replacements, dismantling, removal,
transportation and delivery cost thereof;
.7 all equipment and services required for the Trade Contractor’s field office;
.8 deposits lost, provided that they are not caused by negligent acts or omissions of the Construction Manager and the
Services are performed in accordance with this Contract.
.9 the amounts of all subcontracts;
.10 quality assurance such as independent inspection and testing services;
.11 charges levied by authorities having jurisdiction at the Place of the Project;
.12 royalties, patent license fees and damages for infringement of patents and cost of defending suits therefor subject always to
the Trade Contractor's obligations to indemnify the Owner as provided in paragraph 10.3.1 of GC 10.3 – PATENT FEES;
.13 any adjustment in premiums for all bonds and insurance which the Trade Contractor is required, by the Contract
Documents, to purchase and maintain;
.14 any adjustment in taxes, other than Value Added Taxes, and duties for which the Trade Contractor is liable;
.15 charges for long distance communications, courier services, expressage, printing, and reproduction incurred in relation to
the performance of the Work;
.16 removal and disposal of waste products and debris; and
.17 safety measures and requirements.
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 Trade Contractor to exercise reasonable care and diligence in the Trade Contractor’s attention to the Work. Any
cost due to failure on the part of the Trade Contractor to exercise reasonable care and diligence in the Trade Contractor’s
attention to the Work shall be borne by the Trade Contractor.
6.3.9 The Trade 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 Construction Manager with copies thereof
when requested.
6.3.10 For the purpose of valuing Change Directives, the Owner and the Construction Manager shall be afforded reasonable access
to all of the Trade 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 Trade 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 Construction Manager for finding.
6.3.13 When the Owner and the Trade 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, the Trade Contractor or the Construction Manager discover conditions at the Place of the Project which are:
.1 subsurface or otherwise concealed physical conditions which existed before the commencement of the Work which 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 Construction Manager of such conditions before they are disturbed
and in no event later than 5 Working Days after first observance of the conditions. The Construction Manager will promptly
inform the Owner, the Trade Contractor and the Consultant in writing.
20 CCDC 17 – 2010
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sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCDC 17 – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
6.4.2 The Construction Manager 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 Trade Contractor's cost or time to perform the Work, the
Construction Manager, with the Owner’s approval, will 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 Construction Manager finds that the conditions at the Place of the Project are not materially different or that no change in
the Contract Price or the Contract Time is justified, the Construction Manager will promptly inform the Owner and the Trade
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 Trade Contractor is delayed in the performance of the Work by an action or omission of the Owner, the Construction
Manager, 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 Construction Manager may
recommend in consultation with the Trade Contractor. The Trade Contractor shall be reimbursed by the Owner for reasonable
costs incurred by the Trade Contractor as the result of such delay.
6.5.2 If the Trade 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 Trade Contractor or any person
employed or engaged by the Trade Contractor directly or indirectly, then the Contract Time shall be extended for such
reasonable time as the Construction Manager may recommend in consultation with the Trade Contractor. The Trade
Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Trade Contractor as the result of such delay.
6.5.3 If the Trade 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 Trade Contractor is a member or to which the Trade 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 Trade Contractor's control other than one resulting from a default or breach of Contract by the Trade
Contractor,
then the Contract Time shall be extended for such reasonable time as the Construction Manager may recommend in consultation
with the Trade Contractor. The extension of time shall not be less than the time lost as the result of the event causing the delay,
unless the Trade Contractor agrees to a shorter extension. The Trade Contractor shall not be entitled to payment for costs
incurred by such delays unless such delays result from actions by the Owner, Consultant, Construction Manager, 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 Construction Manager not
later than 10 Working Days after the commencement of 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 2.2.1.4 of GC 2.2 – ROLE OF THE CONSTRUCTION MANAGER AND THE
CONSULTANT, then no request for extension shall be made because of failure of the Construction Manager 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 Trade Contractor intends to make a claim for an increase to the Contract Price, or if the Owner intends to make a
claim against the Trade 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 Construction Manager.
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.

CCDC 17 – 2010 21
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sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCDC 17 – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
6.6.3 The party making the claim shall submit within a reasonable time to the Construction Manager a detailed account of the
amount claimed and the grounds upon which the claim is based, and the Construction Manager shall 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
Construction Manager 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 Construction Manager’s finding 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 Construction Manager, 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 TRADE CONTRACTOR’S RIGHT TO
CONTINUE WITH THE WORK OR TERMINATE THE CONTRACT
7.1.1 If the Trade Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors because of the Trade
Contractor's insolvency, or if a receiver is appointed because of the Trade Contractor's insolvency, the Owner may, without
prejudice to any other right or remedy the Owner may have, terminate the Trade Contractor's right to continue with the Work, by
giving the Trade Contractor or receiver or trustee in bankruptcy Notice in Writing to that effect.
7.1.2 If the Trade Contractor neglects to prosecute the Work properly or otherwise fails to comply with the requirements of the
Contract to a substantial degree and if the Construction Manager has given a written statement to the Owner and Trade
Contractor that sufficient cause exists to justify such action, the Owner may, without prejudice to any other right or remedy the
Owner may have, give the Trade Contractor Notice in Writing with a copy to the Construction Manager that the Trade
Contractor is in default of the Trade Contractor's contractual obligations and instruct the Trade 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 Trade Contractor shall be in compliance with the Owner's instructions if the Trade Contractor:
.1 commences the correction of the default within the specified time, and
.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.
7.1.4 If the Trade 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:
.1 correct such default and deduct the cost thereof from any payment then or thereafter due to the Trade Contractor provided
the Payment Certifier has certified such cost to the Owner and the Trade Contractor, or
.2 terminate the Trade 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 Trade 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 Project; subject to the rights of third parties, utilize the
Construction Equipment at the Place of the Project; finish the Work by whatever method the Construction Manager may
consider expedient, but without undue delay or expense, and
.2 withhold further payment to the Trade Contractor until a final certificate for payment is issued, and
.3 charge the Trade Contractor the amount by which the full cost of finishing the Work as certified by the Payment Certifier,
including compensation to the Construction Manager and the Consultant for their additional services and a reasonable
allowance as determined by the Construction Manager to cover the cost of corrections to work performed by the Trade
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
Trade Contractor the difference, and

22 CCDC 17 – 2010
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sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and
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.4 on expiry of the warranty period, charge the Trade Contractor the amount by which the cost of corrections to the Trade
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 Trade Contractor the difference.
7.1.6 The Trade Contractor's obligation under the Contract as to quality, correction and warranty of the work performed by the Trade
Contractor up to the time of termination shall continue in force after such termination of the Contract.

GC 7.2 TRADE 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 Trade Contractor may, without prejudice to any other right
or remedy the Trade 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 should be 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 Trade Contractor or of
anyone directly or indirectly employed or engaged by the Trade Contractor, the Trade Contractor may, without prejudice to any
other right or remedy the Trade Contractor may have, terminate the Contract by giving the Owner Notice in Writing to that
effect.
7.2.3 The Trade Contractor may give Notice in Writing to the Owner, with a copy to the Construction Manager and 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 Trade Contractor, reasonable evidence that financial arrangements
have been made to fulfill the Owner's obligations under the Contract, or
.2 the Payment Certifier fails to issue a certificate as provided in Part 5 of the General Conditions – PAYMENT, or
.3 the Owner fails to pay the Trade Contractor when due the amounts certified by the Payment Certifier or awarded by
arbitration or court, or
.4 the Owner violates the requirements of the Contract to a substantial degree and the Construction Manager, except for GC
5.1 – FINANCING INFORMATION REQUIRED OF THE OWNER, confirms by written statement to the Trade
Contractor that sufficient cause exists.
7.2.4 The Trade 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 Trade Contractor may, without prejudice to
any other right or remedy the Trade Contractor may have, suspend the Work or terminate the Contract.
7.2.5 If the Trade Contractor terminates the Contract under the conditions set out above, the Trade 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 Trade Contractor may have sustained as a result of the termination of the Contract.

PART 8 DISPUTE RESOLUTION

GC 8.1 AUTHORITY OF THE CONSTRUCTION MANAGER AND 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 in
the first instance by findings of the Construction Manager or the Consultant as provided in GC 2.2 – ROLE OF THE
CONSTRUCTION MANAGER AND 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 neither the Construction Manager nor the Consultant have
authority under the Contract to make a finding, the procedures set out in paragraph 8.1.3 and paragraphs 8.2.3 to 8.2.8 of GC 8.2
– NEGOTIATION, MEDIATION AND ARBITRATION, and in GC 8.3 – 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 Construction Manager will give such instructions as in the Construction Manager'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 Trade Contractor costs incurred by the Trade Contractor in carrying out such instructions
which the Trade 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.
CCDC 17 – 2010 23
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GC 8.2 NEGOTIATION, MEDIATION AND ARBITRATION
8.2.1 In accordance with the Rules for Mediation and Arbitration of Construction Disputes as provided in CCDC 40 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.
8.2.2 A party shall be conclusively deemed to have accepted a finding of the Construction Manager or the Consultant under GC 2.2 -
ROLES OF THE CONSTRUCTION MANAGER AND 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, the Construction Manager and 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.
8.2.3 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.
8.2.4 After a period of 10 Working Days following receipt of a responding party's Notice in Writing of reply under paragraph 8.2.2, 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 and Arbitration of Construction Disputes as provided
in CCDC 40 in effect at the time of bid closing.
8.2.5 If the dispute has not been resolved within 10 Working Days after the Project Mediator was requested under paragraph 8.2.4 or
within such further period agreed by the parties, the Project Mediator shall terminate the mediated negotiations by giving Notice
in Writing to the Owner, the Trade Contractor and the Construction Manager.
8.2.6 By giving a Notice in Writing to the other party and the Construction Manager, not later than 10 Working Days after the date of
termination of the mediated negotiations under paragraph 8.2.5, either party may refer the dispute to be finally resolved by
arbitration under the latest edition of the Rules for Mediation and Arbitration of Construction Disputes 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 Project.
8.2.7 On expiration of the 10 Working Days, the arbitration agreement under paragraph 8.2.6 is not binding on the parties and, if a
Notice in Writing is not given under paragraph 8.2.6 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.
8.2.8 If neither party, by Notice in Writing, given within 10 Working Days of the date of Notice in Writing requesting arbitration in
paragraph 8.2.6, requires that a dispute be arbitrated immediately, all disputes referred to arbitration as provided in
paragraph 8.2.6 shall be
.1 held in abeyance until
(1) Substantial Performance of the Work,
(2) the Contract has been terminated, or
(3) the Trade Contractor has abandoned the Work,
whichever is earlier, and
.2 consolidated into a single arbitration under the rules governing the arbitration under paragraph 8.2.6.

GC 8.3 RETENTION OF RIGHTS

8.3.1 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 CONSTRUCTION MANAGER AND THE
CONSULTANT.
8.3.2 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 Project 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 8.2.6 of GC 8.2 – NEGOTIATION, MEDIATION AND ARBITRATION to proceed by way of arbitration to
adjudicate the merits of the claim upon which such a lien is based.

24 CCDC 17 – 2010
Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only
sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCDC 17 – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
PART 9 PROTECTION OF PERSONS AND PROPERTY

GC 9.1 PROTECTION OF WORK AND PROPERTY

9.1.1 The Trade Contractor shall protect the Project and the Owner's property and property adjacent to the Place of the Project from
damage which may arise as the result of the Trade Contractor's operations under the Contract, and shall be responsible for such
damage, except damage which occurs as the result of:
.1 errors in the Contract Documents; or
.2 acts or omissions by the Owner, the Construction Manager, the Consultant, other contractors, their agents and employees.
9.1.2 Before commencing any Work, the Trade 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 Project.
9.1.3 Should the Trade Contractor in the performance of the Contract damage the Project, the Owner's property or property adjacent
to the Place of the Project, the Trade Contractor shall be responsible for making good of such damage at the Trade Contractor's
expense.
9.1.4 Should damage occur to the Work or Owner's property for which the Trade Contractor is not responsible, as provided in
paragraph 9.1.1, the Trade Contractor shall make good such damage to the Work and, if the Construction Manager 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 Project with respect to existing conditions.
9.2.2 Prior to the Trade 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 Project, and
.2 provide the Construction Manager, the Consultant and the Trade 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 Project 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 Project prior to the
Trade 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 Project, to dispose of, store or otherwise render harmless toxic or
hazardous substances which were present at the Place of the Project prior to the Trade Contractor commencing the Work.
9.2.5 If the Trade Contractor
.1 encounters toxic or hazardous substances at the Place of the Project, or
.2 has reasonable grounds to believe that toxic or hazardous substances are present at the Place of the Project,
which were not brought to the Place of the Project by the Trade Contractor or anyone for whom the Trade 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 Trade 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 Project, and
.4 immediately report the circumstances to the Construction Manager, the Owner and the Consultant in writing.
9.2.6 If the Owner and Trade Contractor do not agree on the existence, significance of, or whether the toxic or hazardous substances
were brought onto the Place of the Project by the Trade Contractor or anyone for whom the Trade Contractor is responsible, 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, the Trade Contractor and the Construction Manager.

CCDC 17 – 2010 25
Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only
sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCDC 17 – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
9.2.7 If the Owner and Trade 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 Project by the Trade Contractor or anyone for whom the Trade 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 Trade 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 Construction Manager may recommend in consultation with the
Owner, the Trade Contractor and the expert referred to in 9.2.6 and reimburse the Trade Contractor for reasonable costs
incurred as a result of the delay; and
.4 indemnify the Trade Contractor as required by paragraph GC 12.1 – INDEMNIFICATION
9.2.8 If the Owner and Trade 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 Project by the Trade Contractor or anyone for whom the Trade Contractor is
responsible, the Trade Contractor shall promptly at the Trade Contractor’s own expense:
.1 take all necessary steps in accordance with applicable legislation in force at the Place of the Project, 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 Project 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 12.1 – 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 of the Project shall, as between the Owner and the Trade Contractor, be deemed to be the absolute property of the
Owner.
9.3.2 The Trade Contractor shall take all reasonable precautions to prevent removal or damage to discoveries as identified in
paragraph 9.3.1, and shall advise the Construction Manager upon discovery of such items.
9.3.3 The Construction Manager 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 Trade Contractor’s cost or time to perform the Work, the Owner,
through the Construction Manager, will 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 Trade Contractor shall:
.1 be responsible for construction health and safety relating to the Work at the Place of the Project in compliance with the
rules, regulations and practices required by the applicable construction health and safety legislation;
.2 be responsible for establishing, initiating, maintaining, and supervising all health and safety precautions and programs in
connection with the performance of the Work; and
.3 comply with all health and safety precautions and programs established at the Place of the Project.
9.4.2 The Owner shall be responsible for construction health and safety at the Place of the Project in compliance with the rules,
regulations and practices required by the applicable construction health and safety legislation.
9.4.3 The Construction Manager will:
.1 establish, initiate, maintain, and supervise the health and safety precautions and programs required to be put in place at the
Place of the Project; and
.2 review with the Owner the Trade Contractor’s health and safety program for compliance.

26 CCDC 17 – 2010
Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only
sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCDC 17 – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
GC 9.5 MOULD
9.5.1 If the Trade Contractor, the Construction Manager, the Consultant, or the Owner observes or reasonably suspects the presence
of mould at the Place of the Project, the remediation of which is not expressly part of the Work,
.1 the observing party shall promptly report the circumstances to the other parties in writing, and
.2 the Trade 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
.3 if the Owner and the Trade 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 Trade Contractor.
9.5.2 If the Owner and the Trade Contractor agree, or if the expert referred to in paragraph 9.5.1.3 determines that the presence of
mould was caused by the Trade Contractor’s operations under the Contract, the Trade Contractor shall promptly, at the Trade
Contractor’s own expense:
.1 take all reasonable and necessary steps to safely remediate or dispose of the mould, and
.2 make good any damage to the Work, the Owner’s property or property adjacent to the Place of the Project as provided in
paragraph 9.1.3 of GC 9.1 – PROTECTION OF WORK AND PROPERTY, and
.3 reimburse the Owner for reasonable costs incurred under paragraph 9.5.1.3, and
.4 indemnify the Owner as required by GC 12.1 – INDEMNIFICATION.
9.5.3 If the Owner and Trade 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 Trade 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, and
.2 reimburse the Trade 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, and
.3 extend the Contract Time for such reasonable time as the Construction Manager may recommend in consultation with the
Trade Contractor and the expert referred to in paragraph 9.5.1.3 and reimburse the Trade Contractor for reasonable costs
incurred as a result of the delay, and
.4 indemnify the Trade Contractor as required by GC 12.1 – 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 Trade Contractor as stipulated in Article A-4 of the Agreement – CONTRACT PRICE.
10.1.2 Any increase or decrease in costs to the Trade Contractor due to changes in such included 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 Project 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 Trade Contractor.
10.2.3 The Trade 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 Project
after the issuance of the building permit. The Contract Price includes the cost of these permits, licences, inspections, and
certificates, and their procurement.
CCDC 17 – 2010 27
Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only
sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCDC 17 – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
10.2.4 The Trade 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 Trade 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 Trade Contractor shall notify the Construction Manager in writing
requesting direction immediately upon such variance or change becoming known. The Owner, through the Construction
Manager, 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 Trade Contractor fails to advise the Construction Manager 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 Trade Contractor
shall be responsible for 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 Trade Contractor shall pay the royalties and patent licence fees required for the performance of the Contract. The Trade
Contractor shall hold the Owner harmless from and against claims, demands, losses, costs, damages, actions, suits, or
proceedings arising out of the Trade Contractor's performance of the Contract which are attributable to an infringement or an
alleged infringement of a patent of invention by the Trade Contractor or anyone for whose acts the Trade Contractor may be
liable.
10.3.2 The Owner shall hold the Trade Contractor harmless against claims, demands, losses, costs, damages, actions, suits, or
proceedings arising out of the Trade 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, or any model, plan or design
which was supplied to the Trade Contractor as part of the Contract.

GC 10.4 WORKERS' COMPENSATION

10.4.1 Prior to commencing the Work, and again with the Trade Contractor’s application for payment of the holdback amount
following Substantial Performance of the Work, and again with the Contractor’s application for final payment, the Trade
Contractor shall provide evidence of compliance with workers' compensation legislation at the Place of the Project, including
payments due thereunder.
10.4.2 At any time during the term of the Contract, when requested by the Construction Manager, the Trade Contractor shall provide
such evidence of compliance with workers’ compensation legislation at the Place of the Project by the Trade Contractor and any
Trade Subcontractors.

PART 11 INSURANCE AND CONTRACT SECURITY

GC 11.1 INSURANCE
11.1.1 Without restricting the generality of GC 12.1 – INDEMNIFICATION, the Trade Contractor shall provide, maintain and pay for
the following insurance coverages, the minimum requirements of which are specified in CCDC 41 – INSURANCE
REQUIREMENTS in effect at the time of bid closing except as hereinafter provided:
.1 Automobile Liability Insurance from the date of commencement of the Work until one year after the date of Substantial
Performance of the Work;
.2 Aircraft or Watercraft Liability Insurance when owned or non-owned aircraft or watercraft are used directly or indirectly
in the performance of the Work; and
.3 Contractors' Equipment Insurance from the date of commencement of the Work until one year after the date of
Substantial Performance of the Work.

28 CCDC 17 – 2010
Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only
sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCDC 17 – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
11.1.2 If the Trade 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 Trade Contractor, the Construction Manager and the
Consultant. The Trade Contractor shall pay the cost thereof to the Owner on demand or the Owner may deduct the cost from
any amount which is due or may become due to the Trade Contractor.
11.1.3 The Owner shall obtain, maintain and pay for ‘wrap-up’ general liability insurance in the joint names of the Owner, the
Construction Manager, the Consultant and the Trade Contractor with limits of not less than $10,000,000 per occurrence and
a deductible not more than $10,000. The insurance coverage shall be primary to all other insurance policies and shall not be
substantially less than the insurance provided by IBC Form 2100 (including an extension for a standard provincial and
territorial form of non-owned automobile liability policy) and IBC Form 2320, except for liability arising from damage to the
Project during construction, which shall be limited to the completed operations period. The insurance shall be maintained
from the date of commencement of the Project until 90 calendar days after the Project In-Use Date. The Owner is responsible
to provide coverage for completed operations hazards from the Project In-Use Date for a period of 2 year. The Trade
Contractor shall then provide, maintain and pay for liability insurance coverage for completed operations hazards with limits of
not less than $5,000,000 per occurrence and a deductible not more than $5,000 on an ongoing basis for a further period of 4
years.
11.1.4 The Owner shall provide, maintain and pay for the following insurance coverages:
.1 "Broad form" property insurance in the joint names of the Owner, the Trade Contractor, the Construction Manager, and
the Consultant. The policy shall have limits of not less than the sum of 1.1 times Contract Price, and the full value, as
stated in the Contract, of products and design services that are specified to be provided by the Owner for incorporation
into the Work, with a deductible not exceeding $10,000. The insurance coverage shall not be less than the insurance
provided by the latest edition of IBC Forms 4042 and 4047 or their equivalent replacement. In addition to the
exclusions identified in the latest edition of IBC forms 4042 and 4047, the Owner is not required to provide insurance
coverage for Asbestos, Cyber Risk, Mould, or Terrorism. 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 Substantial Performance of the Work;
(2) on the commencement of use or occupancy of any part or section of 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;
(3) when left unattended for more than 30 consecutive calendar days or when construction activity has ceased for more
than 30 consecutive calendar days.
.2 Boiler and machinery insurance in the joint names of the Owner, the Trade Contractor, the Construction Manager, and
the Consultant. The insurance shall have limits of not less than the replacement value of the permanent or temporary
boilers and pressure vessels, and other insurable objects forming part of the Work. The insurance coverage shall not be
less than the insurance provided by a comprehensive boiler and machinery policy. 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 Substantial Performance of the Work.
.3 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, the Trade Contractor, the Construction Manager, and the Consultant as their
respective interests may appear. In the event of loss or damage:
(1) the Construction Manager shall act on behalf of the Owner, the Trade Contractor and the Consultant 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 Trade 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 Trade Contractor shall be entitled to such
reasonable extension of Contract Time relative to the extent of the loss or damage as the Construction Manager may
recommend in consultation with the Trade Contractor;
(2) the Trade 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 Trade
Contractor shall be entitled to receive from the payments made by the insurer the amount of the Trade 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 another contractor, in accordance with
the Owner's obligations under the provisions relating to construction by Owner or other contractors, shall pay the
Trade Contractor the cost of restoring the Work as the restoration of the Work proceeds and as in accordance with
the progress payment provisions.

CCDC 17 – 2010 29
Note: This contract is protected by copyright. Use of a CCDC 17 document not containing a CCDC 17 copyright seal constitutes an infringement of copyright. Only
sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCDC 17 – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
11.1.5 Prior to commencement of the Work and upon the placement, renewal, amendment, or extension of all or any part of the
insurance,
.1 the Trade Contractor shall promptly provide the Construction Manager with confirmation of coverage under the policies
specified in paragraph 11.1.1 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; and
.2 the Owner, through the Construction Manager, shall promptly provide the Trade Contractor with confirmation of coverage
under the policies specified in paragraphs 11.1.3 and 11.1.4 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.
11.1.6 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.
11.1.7 All required insurance policies shall be with insurers licensed to underwrite insurance in the jurisdiction of the Place of the
Project.
11.1.8 If a revised version of CCDC 41 – INSURANCE REQUIREMENTS is published, which specifies reduced insurance
requirements, the parties shall address such reduction, prior to the insurance policy becoming due for renewal, and record any
agreement in a Change Order.
11.1.9 If a revised version of CCDC 41 – INSURANCE REQUIREMENTS is published, which specifies increased insurance
requirements, either party may request the increased coverage by way of a Change Order.
11.1.10 A Change Directive shall not be used to direct a change in the insurance requirements in response to the revision of CCDC 41 –
INSURANCE REQUIREMENTS.

GC 11.2 CONTRACT SECURITY

11.2.1 The Trade Contractor shall, prior to commencement of the Work or within the specified time, provide to the Construction
Manager any Contract security specified in the Contract Documents.
11.2.2 If the Contract Documents require surety bonds to be provided, such bonds shall be issued by a duly licensed surety
company authorized to transact the business of suretyship in the province or territory of the Place of the Project and shall be
maintained in good standing until the fulfillment of the Contract. The form of such bonds shall be in accordance with the
latest edition of the CCDC approved bond forms.

PART 12 INDEMNIFICATION, WAIVER OF CLAIMS AND WARRANTY

GC 12.1 INDEMNIFICATION
12.1.1 Without restricting the parties’ obligation to indemnify as described in paragraphs 12.1.4 and 12.1.5, the Owner and the
Trade 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 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 date of Substantial Performance of the Work as set out in
the certificate of Substantial Performance of the Work issued pursuant to paragraph 5.4.2.2 of GC 5.4 –
SUBSTANTIAL PERFORMANCE OF THE WORK or within such shorter period as may be prescribed by any
limitation statute of the province or territory of the Place of the Project.
The parties expressly waive the right to indemnity for claims other than those provided for in this Contract.
12.1.2 The obligation of either party to indemnify as set forth in paragraph 12.1.1 shall be limited as follows:
.1 In respect to losses suffered by the Owner and the Trade Contractor for which insurance is to be provided by either
party pursuant to GC 11.1 – INSURANCE, the insurance limit for the loss so covered in effect at the time of bid closing.
.2 In respect to losses suffered by the Owner and the Trade 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.

30 CCDC 17 – 2010
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sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCDC 17 – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
.3 In respect to claims by third parties for direct loss resulting from bodily injury, sickness, disease or death, or to injury to
or destruction of tangible property, the obligation to indemnify is without limit. In respect to all other claims for
indemnity as a result of claims advanced by third parties, the limits of indemnity set forth in paragraphs 12.1.2.1 and
12.1.2.2 shall apply.
12.1.3 The obligation of either party to indemnify the other as set forth in paragraphs 12.1.1 and 12.1.2 shall be inclusive of interest
and all legal costs.
12.1.4 The Owner and the Trade 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.
12.1.5 The Owner shall indemnify and hold harmless the Trade 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 Trade 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 Project.
12.1.6 In respect to any claim for indemnity or to be held harmless by the Owner or the Trade Contractor:
.1 Notice in Writing of such claim shall be given within a reasonable time after the facts upon which such claim is based
became known;
.2 should either party be required, as a result of its obligation to indemnify the other, 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 12.2 WAIVER OF CLAIMS

12.2.1 Subject to any lien legislation applicable to the Place of the Project, as of the fifth calendar day before the expiry of the lien
period provided by the lien legislation applicable at the Place of the Project, the Trade Contractor waives and releases the
Owner from all claims which the Trade Contractor has or reasonably ought to have knowledge of that could be advanced by
the Trade Contractor against the Owner arising from the Trade Contractor’s involvement in the Work, 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 date of Substantial Performance of the Work, except as follows:
.1 claims arising prior to or on the date of Substantial Performance of the Work for which Notice in Writing of claim has
been received by the Owner from the Trade Contractor no later than the sixth calendar day before the expiry of the lien
period provided by the lien legislation applicable at the Place of the Project;
.2 indemnification for claims advanced against the Trade Contractor by third parties for which a right of indemnification
may be asserted by the Trade Contractor against the Owner pursuant to the provisions of this Contract;
.3 claims for which a right of indemnity could be asserted by the Trade Contractor pursuant to the provisions of
paragraphs 12.1.4 or 12.1.5 of GC 12.1 – INDEMNIFICATION; and
.4 claims resulting from acts or omissions which occur after the date of Substantial Performance of the Work.
12.2.2 The Trade Contractor waives and releases the Owner from all claims referenced in paragraph 12.2.1.4 except for those
referred in paragraphs 12.2.1.2 and 12.2.1.3 and claims for which Notice in Writing of claim has been received by the Owner
from the Trade Contractor within 395 calendar days following the date of Substantial Performance of the Work.
12.2.3 Subject to any lien legislation applicable to the Place of the Project, as of the fifth calendar day before the expiry of the lien
period provided by the lien legislation applicable at the Place of the Project, the Owner waives and releases the Trade
Contractor from all claims which the Owner has or reasonably ought to have knowledge of that could be advanced by the
Owner against the Trade Contractor arising from the Owner’s involvement in the Work, 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 date of Substantial Performance of the Work, except as follows:
.1 claims arising prior to or on the date of Substantial Performance of the Work for which Notice in Writing of claim has
been received by the Trade Contractor from the Owner no later than the sixth calendar day before the expiry of the lien
period provided by the lien legislation applicable at the Place of the Project;
.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 Trade Contractor pursuant to the provisions of this Contract;

CCDC 17 – 2010 31
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sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCDC 17 – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
.3 claims for which a right of indemnity could be asserted by the Owner against the Trade Contractor pursuant to the
provisions of paragraph 12.1.4 of GC 12.1 – INDEMNIFICATION;
.4 damages arising from the Trade 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 date of Substantial Performance of the Work.
12.2.4 The Owner waives and releases the Trade Contractor from all claims referred to in paragraph 12.2.3.4 except claims for
which Notice in Writing of claim has been received by the Trade Contractor from the Owner within a period of six years
from the date of Substantial Performance of the Work should any limitation statute of the Province or Territory of the Place
of the Project permit such agreement. If the applicable limitation statute does not permit such agreement, within such shorter
period as may be prescribed by:
.1 any limitation statute of the Province or Territory of the Place of the Project; or
.2 the Civil Code of Quebec, if the Place of the Project is the Province of Quebec.
12.2.5 The Owner waives and releases the Trade Contractor from all claims referenced in paragraph 12.2.3.6 except for those
referred in paragraph 12.2.3.2, 12.2.3.3 and those arising under GC 12.3 – WARRANTY and claims for which Notice in
Writing has been received by the Trade Contractor from the Owner within 395 calendar days following the date of
Substantial Performance of the Work.
12.2.6 Notice in Writing of claim as provided for in GC 12.2 – WAIVER OF CLAIMS to preserve a claim or right of action which
would otherwise, by the provisions of GC 12.2 – WAIVER OF CLAIMS, be deemed to be waived, must include the
following:
.1 a clear and unequivocal statement of the 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.
12.2.7 The party giving Notice in Writing of claim as provided for in GC 12.2 – WAIVER OF CLAIMS shall submit within a
reasonable time a detailed account of the amount claimed.
12.2.8 Where the event or series of events giving rise to a claim made under paragraphs 12.2.1 or 12.2.3 has a continuing effect, the
detailed account submitted under paragraph 12.2.7 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 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.
12.2.9 If a Notice in Writing of claim pursuant to paragraph 12.2.1.1 is received on the seventh or sixth calendar day before the
expiry of the lien period provided by the lien legislation applicable at the Place of the Project, the period within which
Notice in Writing of claim shall be received pursuant to paragraph 12.2.3.1 shall be extended to two calendar days before the
expiry of the lien period provided by the lien legislation applicable at the Place of the Project.
12.2.10 If a Notice in Writing of claim pursuant to paragraph 12.2.3.1 is received on the seventh or sixth calendar day before the
expiry of the lien period provided by the lien legislation applicable at the Place of the Project, the period within which
Notice in Writing of claim shall be received pursuant to paragraph 12.2.1.1 shall be extended to two calendar days before the
expiry of the lien period provided by the lien legislation applicable at the Place of the Project.

GC 12.3 WARRANTY
12.3.1 Except for extended warranties as described in paragraph 12.3.7, the warranty period under the Contract is one year from the
later of the date of Substantial Performance of the Work and the Project In-Use Date.
12.3.2 The Trade 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 Trade Contractor shall submit to the Construction Manager for the Owner’s acceptance all written warranties and related
documents required by the Contract Documents.
12.3.4 The Owner, through the Construction Manager, shall promptly give the Trade Contractor Notice in Writing of observed defects
and deficiencies that occur during the one year warranty period.
32 CCDC 17 – 2010
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sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCDC 17 – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
12.3.5 Subject to paragraph 12.3.2, the Trade Contractor shall correct promptly, at the Trade Contractor’s expense, defects or
deficiencies in the Work which appear prior to and during the one year warranty period.
12.3.6 The Trade Contractor shall correct or pay for damage resulting from corrections made under the requirements of paragraph
12.3.5.
12.3.7 Any extended warranties 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 Trade 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.

CCDC 17 – 2010 33
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sign this contract if the document cover page bears a CCDC 17 copyright seal to demonstrate that it is intended by the parties to be an accurate and
unamended version of CCDC 17 – 2010 except to the extent that any alterations, additions or modifications are set forth in supplementary conditions.
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
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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.
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
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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.
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
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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.
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
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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.
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
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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.
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
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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.
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
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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.
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.
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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.

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2.2.14 The Consultant will prepare Change Orders and Change Directives as provided in GC 6.2 – CHANGE ORDER and GC 6.3 –
CHANGE DIRECTIVE.
2.2.15 The Consultant will conduct reviews of the Work to determine the date of Substantial Performance of the Work and verify that
Ready-for-Takeover has been attained.
2.2.16 All certificates issued by the Consultant will be to the best of the Consultant’s knowledge, information and belief. By issuing
any certificate, the Consultant does not guarantee the Work is correct or complete.
2.2.17 The Consultant will receive and review written warranties and related documents required by the Contract and provided by the
Contractor and will forward such warranties and documents to the Owner for the Owner’s acceptance.
2..2.18 If the Consultant’s engagement is terminated, the Owner shall immediately engage a Consultant against whom the Contractor
makes no reasonable objection and whose duties and responsibilities under the Contract Documents will be that of the former
Consultant.

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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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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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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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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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

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in the first instance by findings of the Consultant as provided in GC 2.2 – ROLE OF THE CONSULTANT, shall be settled in
accordance with the requirements of Part 8 of the General Conditions – DISPUTE RESOLUTION.
8.1.2 If a dispute arises under the Contract in respect of a matter in which the Consultant has no authority under the Contract to
make a finding, the procedures set out in paragraph 8.1.3 and paragraphs 8.3.3 to 8.3.8 of GC 8.3 – NEGOTIATION,
MEDIATION AND ARBITRATION, and in GC 8.4 – RETENTION OF RIGHTS apply to that dispute with the necessary
changes to detail as may be required.
8.1.3 If a dispute is not resolved promptly, the Consultant will give such instructions as in the Consultant’s opinion are necessary
for the proper performance of the Work and to prevent delays pending settlement of the dispute. The parties shall act
immediately according to such instructions, it being understood that by so doing neither party will jeopardize any claim the
party may have. If it is subsequently determined that such instructions were in error or at variance with the Contract Documents,
the Owner shall pay the Contractor costs incurred by the Contractor in carrying out such instructions which the Contractor
was required to do beyond what the Contract Documents correctly understood and interpreted would have required, including
costs resulting from interruption of the Work.

GC 8.2 ADJUDICATION
8.2.1 Nothing in this Contract shall be deemed to affect the rights of the parties to resolve any dispute by adjudication as may be
prescribed by applicable legislation.

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

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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.
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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.

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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;

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.4 damages arising from the Contractor’s actions which result in substantial defects or deficiencies in the Work. “Substantial
defects or deficiencies” mean those defects or deficiencies in the Work which affect the Work to such an extent or in such a
manner that a significant part or the whole of the Work is unfit for the purpose intended by the Contract Documents;
.5 claims arising pursuant to GC 12.3 – WARRANTY; and
.6 claims arising from acts or omissions which occur after the Ready-for-Takeover date.
13.2.4 Respecting claims arising upon substantial defects and deficiencies in the Work, as referenced in paragraph 13.2.3.4, and
notwithstanding paragraph 13.2.3.5, the Owner waives and releases the Contractor from all claims except claims for which Notice
in Writing of claim has been received by the Contractor from the Owner within a period of six years from the Ready-for-Takeover
date, provided that any limitation statute of the Province or Territory of the Place of the Work permit such agreement. If the
applicable limitation statute does not permit such agreement, the time within any such claim may be brought shall be such shorter
period as may be prescribed by any limitation statute of the Province or Territory of the Place of the Work.
13.2.5 The Owner waives and releases the Contractor from all claims arising from acts or omissions which occur after the Ready-for-
Takeover date, except for:
.1 indemnification for claims advanced against the Owner by third parties, as referenced in paragraph 13.2.3.2;
.2 claims respecting toxic and hazardous substances for which a right of indemnity could be asserted by the Owner against the
Contractor, as referenced in paragraph 13.2.3.3;
.3 claims arising under GC 12.3 – WARRANTY; and
.4 claims for which Notice is Writing has been received by the Contractor from the Owner within 395 calendar days following
the Ready-for-Takeover date.
13.2.6 “Notice in Writing of claim” as provided for in GC 13.2 – WAIVER OF CLAIMS to preserve a claim or right of action which
would otherwise, by the provisions of GC 13.2 – WAIVER OF CLAIMS, be deemed to be waived, must include the following:
.1 a clear and unequivocal statement of an intention to claim;
.2 a statement as to the nature of the claim and the grounds upon which the claim is based; and
.3 a statement of the estimated quantum of the claim.
13.2.7 A claim for lien asserted under the lien legislation prevailing at the Place of the Work shall qualify as notice of claim for the
purposes of this Contract.
13.2.8 The party giving the Notice in Writing of claim as provided for in GC 13.2 – WAIVER OF CLAIMS shall submit within a
reasonable time a detailed account of the amount claimed.
13.2.9 Where the event or series of events giving rise to a claim made under paragraphs 13.2.1 or 13.2.3 has a continuing effect, the
detailed account submitted under paragraph 13.2.8 shall be considered to be an interim account and the party making the claim
shall submit further interim accounts, at reasonable intervals, giving the accumulated amount of the claim and any further grounds
upon which such claim is based. The party making the claim shall submit a final account after the end of the effects resulting from
the event or series of events.
13.2.10 Nothing in GC 13.2 – WAIVER OF CLAIMS shall be deemed to affect the rights of the parties under any lien legislation or
limitations legislation prevailing at the Place of the Work.

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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CCDC Cca

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CCDC Cca

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Standard construction document CCA

Apply a CCA 1 copyright seal here. The application of

Canadian Construction Association

AGREEMENT BETWEEN CONTRACTOR PART 4 ALLOWANCES

Article 1A Work to be Performed PART 5 PAYMENT

SUBCONTRACT CONDITIONS PART 12 INDEMNIFICATION, WAIVER OF CLAIMS AND

PART 2 ADMINISTRATION OF THE SUBCONTRACT Enquiries should be directed to:

PART 3 EXECUTION OF THE WORK

hereinafter called the "Contractor"

hereinafter called the "Subcontractor"

NOW THEREFORE THE SUBCONTRACT AGREEMENT WITNESSETH as follows:

ARTICLE 1A – WORK TO BE PERFORMED

ARTICLE 2A – CONFLICT BETWEEN THE PRIME CONTRACT AND SUBCONTRACT

ARTICLE 3A – SUBCONTRACT DOCUMENTS

ARTICLE 1B – WORK TO BE PERFORMED

ARTICLE 2B – CONFLICT BETWEEN THE PRIME CONTRACT AND SUBCONTRACT

ARTICLE 3B – SUBCONTRACT DOCUMENTS

ARTICLE 5 – SUBCONTRACT PRICE

______________________________________________________________ /100 dollars $ _____________________

______________________________________________________________ /100 dollars $ _____________________

______________________________________________________________ /100 dollars 0

ARTICLE 8 LANGUAGE OF THE SUBCONTRACT

* Complete this statement by striking out inapplicable term.

SIGNED AND DELIVERED

PART 1 GENERAL PROVISIONS

SCC 1.1 DOCUMENTS

SCC 1.2 ASSIGNMENT

PART 2 ADMINISTRATION OF THE SUBCONTRACT

SCC 2.1 SUPPLEMENTAL INSTRUCTIONS

SCC 2.2 REVIEW AND INSPECTION OF THE WORK

SCC 2.3 DEFECTIVE WORK

SCC 3.1 CONSTRUCTION BY CONTRACTOR OR OTHER SUBCONTRACTORS

SCC 3.2 TEMPORARY SERVICES

SCC 3.3 SUPERVISION

SCC 3.5 SHOP DRAWINGS

SCC 3.6 USE OF THE WORK

SCC 3.7 CUTTING AND REMEDIAL WORK

SCC 3.8 CLEANUP

SCC 3.9 PAYMENT OF ACCOUNTS

SCC 4.1 CASH ALLOWANCES

SCC 5.1 APPLICATIONS FOR PAYMENT

SCC 5.2 WITHHOLDING OF PAYMENT

SCC 5.3 NON-CONFORMING WORK

SCC 6.1 CONTRACTOR’S RIGHT TO MAKE CHANGES

SCC 6.2 CHANGE ORDER

SCC 6.3 CHANGE DIRECTIVE

SCC 6.4 CONCEALED OR UNKNOWN CONDITIONS

SCC 6.5 DELAYS

SCC 6.6 CLAIMS FOR A CHANGE IN SUBCONTRACT PRICE

PART 7 DEFAULT NOTICE

PART 8 DISPUTE RESOLUTION

SCC 8.1 INTERPRETATION AND INSTRUCTION OF THE CONTRACTOR

SCC 8.2 NEGOTIATION, MEDIATION AND ARBITRATION

SCC 8.3 RETENTION OF RIGHTS

PART 9 PROTECTION OF PERSONS AND PROPERTY

SCC 9.1 PROTECTION OF WORK AND PROPERTY

SCC 9.2 TOXIC AND HAZARDOUS SUBSTANCES

GC 9.3 ARTIFACTS AND FOSSILS

SCC 9.4 CONSTRUCTION SAFETY

SCC 9.5 MOULD

PART 10 GOVERNING REGULATIONS

SCC 10.1 TAXES AND DUTIES

SCC 10.2 LAWS, NOTICES, PERMITS, AND FEES

SCC 10.3 PATENT FEES

SCC 10.4 WORKERS' COMPENSATION

PART 11 INSURANCE AND CONTRACT SECURITY

SCC 11.1 INSURANCE

PART 12 INDEMNIFICATION, WAIVER OF CLAIMS AND WARRANTY

SCC 12.1 INDEMNIFICATION

SCC 12.3 WARRANTY

ARTICLES OF AGREEMENT Part 1 General Provisions

A-1 The Services GC 1.1 Contract Documents

SCHEDULES Part 3 Owner’s Responsibilities

A1 Services and Compensation GC 3.1 Provision of Information and Obligations

DEFINITIONS Part 5 Changes

Class A Construction Cost Estimate GC 5.1 Changes to the Project

__________________________________________ /100 dollars $ _

__________________________________________ /100 dollars $ _

_________________________________________________________________/100 dollars ($ _ ),