Contracting Agreement
Last Updated: June 12, 2017
1.1 Contract Documents
(a) Quote
(b) Contracting Agreement
(c) Appendices representing purchase of materials
Any work requested in variance to the Contract Documents are considered extra to the Contract and are not included in the Contract Price. Any additional work, required due to site conditions known to the Client and not disclosed to the Contractor, or which could not be reasonably anticipated by the Contractor are not included in the contract Price and shall be charged to the Client by the Contractor.
1.2 Service Regulations
domilya GROUP is a full service custom home renovation and construction company and we specialize in working with our clients through various stages of the property remodeling process. Certain in-house services are offered by domilya GROUP at no additional charges to domilya clients who ultimately sign a contract with domilya GROUP to remodel their home. These are stated below. No other services are offered without charge.
- In-house services at no charge:
- Initial meetings with Client
- Preliminary cost estimate
- Inspection of the home to determine suitability of desired remodeling requirements
- Client incurred costs:
Outside architectural, engineering services and/or licenses, if different from original quote, are to be paid by the Client as follows prior to the determined start date.
- Architectural and Structural renderings and plans as required
- Engineering and Structural analysis
- Surveys
- Permits, License and Municipal approvals
- Design or Designers’ Fees
2.1 Payment
Final payments are due on the date of the final completion of the work. Interest of 4% per annum, or the maximum rate allowable by law, whichever is less, will be charges on unpaid invoices after the due date.
Acceptable Types of Payments
A/ Cheques
B/ Credit Cards (VISA, Master Card, American Express)
C/ Cash
D/ Debit
All payments are subject to applicable legislation and shall be made in accordance with provisions of this Contract. All payments must be made to the Contractor. Any payment made to a subcontractor is not deemed a payment to the Contractor, unless agreements are made by the Contractor and Client for extras to a job.
3.1 Changes in Work
The Client may make changes by adding to the work, with the contract and contract price being adjusted accordingly. Any changes made to plans, materials used, time needed, or any other portion of the work must be discussed openly with both parties prior to any decisions and should be represented as written consent in a Change Order Form. Changes to the work require the written Change Order Form, signed by both the Client and the Contractor.
Extra costs will be calculated as a lump sum to be agreed on by both parties prior to the implementation of the additional charge that is payable upon completion of the work.
Any additional work, required due to site conditions known to the Client and not disclosed to the contractor, or which could not be reasonably anticipated by the Contractor, are not included in the contract price and shall be paid by the Client upon completion of the work.
4.1 Standards of Work and Obligation
The Contactor agrees to supply labour, materials and supervision to complete the work in accordance with the quote.
The Contractor agrees to undertake all work diligently in good and workmanlike manner, in accordance with good quality residential standards and practices, and in compliance with any applicable Building Codes and all other authorities having jurisdiction.
The Contractor will carry out the work with reasonable skill, care and diligence pursuant to all applicable standards and industry practice and in compliance to all relevant building regulations and statutory requirements.
The Contractor agrees to keep this site orderly and reasonably free of debris. At the completion of the project, the Contractor shall clean the property and leave it fit for use. All equipment, materials, rubbish and similar material incidental to the project shall be removed by the Contractor.
The Client accepts that there may be inconveniences from time to time, and the Contractor agrees to keep such inconveniences to a reasonable minimum. It is the responsibility of the Client to take reasonable steps to provide a work area free of household obstructions, and to remove or protect household items in areas where it may be reasonably anticipated by the Client that they may be subject to dust, damage or vibrations.
5.1 Warranty
The Contractor shall correct, at its’ own expense, any defects in the work due to faulty materials that the contractor has ordered and/or workmanship pursuant to this Contract for a period of one year from the date of full completion.
The Client shall give the Contractor written notice of such defects within a reasonable time, and in any event within the one year warranty period.
The Contractor will convey to the Client any warranties by manufacturers or suppliers on individual materials, products or systems supplied by the Contractor under this contract.
The Contractor does not warrant labour and/or materials supplied by the Client or the subcontractors.
5.2 Ownership of Materials
If the Client will receive any material goods as part of this agreement then the client must be aware of their consumer rights regarding the return of goods. All materials ordered and purchased that are to be used as part of the installation in the production of work under this agreement are represented in the Appendices.
6.1 Insurance
Prior to commencing the work, the Contractor is responsible for required insurance during the time the work is being performed (including commercial general liability against claims for damages for personal injury or property damage by reason of anything done or not done by the Contractor). The Contractor is responsible for all materials on site provided by the Contractor for the work in this Contract until installed.
7.1 Dispute Resolution
The Client and the Contractor agree that in the event of a dispute as to the interpretation of this Contract or the extent of the Work, the issues shall be submitted to arbitration as agreed to by both parties or under the province’s arbitration statute.
7.2 Default by Client
In the event that the Client does not perform their obligations under this Contract in accordance with the terms of this Contract and has not corrected the default within 10 days of written notice by the Contractor, or (b) the Client becomes bankrupt or makes a general assignment for the benefit of its creditors, or if a receiver of the Client’s appointed, or (c) if the Work is stopped as a result of a court order, then the Contractor may cease work and treat the contract as a repudiated forthwith on the occurrence of such default. In such event, an accounting shall be made between the Client and the Contractor, and the Contractor shall be entitled to payment for such parts of the work, inclusive of materials and labour, as completed at the time of default.
7.3 Default by Contractor
In the event that (a) the contractor does not perform the work in accordance with the terms of this Contract and has not corrected the default within 10 days of written notice by the Client, or (b) the Contractor becomes bankrupt or makes a general assignment for the benefit of its creditors, or if a receiver of the Contractor is appointed, then the Client may finish the Work in accordance with the plans and specifications as the Client may deem expedient, but without undue delay or expense.
In the case of default by either party (a) termination of contract will result and (b) notice of non-refundable deposit as indicated in the quote will occur.
8.1 Client Obligations
The Client must pay such sums of money that become due to the contractor for the work performed. The Client will be responsible to cooperate in good faith with contractor and must not interfere with contractor’s progress of work. It is understood that timely communication and cooperation are necessary for completion of the work.
9.1 Delays
All time limits stated in this Contract are of the essence. Notwithstanding the foregoing, any delay in Substantial Completion or Full Completion of the Work (as the case may be) in accordance with the Contract Documents will be considered an excusable delay if arising from causes beyond the Contractor’s control and not reasonably foreseeable by the Contractor with the use of the Contractor’s best professional efforts. Excusable delays include but are not limited to such events as labor disputes, unavailability of materials, delays in obtaining a permit, fire, natural disaster, unfavorable weather conditions, delays (other than delays arising out of Contractor’s breach of this Contract) by, or breach by any sub- trades; or any delay by Client of processing proposed changes, delays resulting from inaccuracies in information provided by the Client, or delays resulting from the performance of tasks.
In the event of the occurrence of an excusable delay, the Client shall grant appropriate extensions to cover such periods of delays. The Client shall have no obligation to grant extensions if delays were not excusable delays, or otherwise resulted, directly or indirectly, from the Contractor’s breach of this Contract. Where a delay occurs, the Contractor must inform the Client at the earliest possible date of such occurrence, the reason for the delay and anticipated amended dates of completion.
10.1 Signs
The Client agrees to permit the Contractor to display a sign on the project site during and one month after completion.
11.1 Photographs
Client Authorization and Release Information
The Client authorizes domilya GROUP to use his or her name, photographs, brief biographical information, any reviews as defined on this form. The Client irrevocably authorizes domilya GROUP to copy, exhibit, publish or distribute any reviews for the purposes of publicizing or for any other lawful purpose. These statements may be used in printed publications, multimedia presentations, on websites or in any other distribution media. The Client agrees that he or she will make no monetary or other claim against domilya GROUP for the use of such statements. In addition, the Client waives any right to inspect or approve the finished product, including written copy, wherein his or her likeness or his or her review appears. The Client agrees to hold harmless and release domilya GROUP from all claims, demands and causes of action which the Client, his or her heirs, representatives, executors, administrators or any other persons acting on the Client’s behalf or on behalf of the Client’s estate have or may have by reason of this authorization. The Client acknowledges that he or she has read the authorization and release information and gives his or her consent for the use as indicated above.
12.1 Signatures and Authorization
This Contracting Agreement and all supporting documents, taken together, shall constitute the entire agreement between the parties pertaining to the subject matter hereof and supersede all other agreements, understandings, negotiations and discussions, whether oral or written, of the parties and there are no warranties, representations or agreements between the parties in connection with the subject matter of the Contract Documents except as specifically set forth therein. The All agreements between the Client and the Contractor related to the specified work are included in this contract.
The entire agreement between the parties shall be governed by and construed under the laws of the Province Ontario, and supersedes all prior communications and agreements.
