CCDC 2 AUDIO FILE NOTES

CCDC 2 – Stipulated Price Contract

AGREEMENT BETWEEN OWNER & CONTRACTOR (Articles A-1 to A-8)

A-1 The Work

  • Contractor performs all Work described in Contract Documents.

  • Location of Work is identified.

  • A named Consultant administers the contract.

  • Contractor obligations include:

    • Do everything required by Contract Documents.

    • Start work on specified date.

    • Achieve Ready-for-Takeover by the specified date (can change if contract time is adjusted).

A-2 Agreements & Amendments

  • The contract overrides all previous discussions, bids, or negotiations that are not listed in A-3.

  • Only modifications are made through formal amendments as per Contract Documents.

A-3 Contract Documents

  • Includes:

    • Agreement between Owner & Contractor

    • Definitions

    • General Conditions

    • Supplementary Conditions

    • Division 01 Specifications

    • Drawings

    • Addenda

    • Schedules, etc.

A-4 Contract Price

  • States the Contract Price (excluding taxes).

  • Specifies the amount of Value Added Taxes (VAT).

  • Total payable = Contract Price + VAT.

  • Price can be adjusted through change orders/directives.

  • All amounts in CAD.

A-5 Payment

  • Owner agrees to pay:

    • Progress payments certified by the Consultant.

    • Holdback release — once Substantial Performance achieved.

    • Final payment — when final certificate is issued.

  • Interest on late payments:

    • First 60 days: Prime + 2%

    • After 60 days: Prime + 4%

    • Compounded monthly.

A-6 Notices in Writing

  • Must be delivered by:

    • Hand

    • Courier

    • Mail

    • Electronic communication

  • Considered received:

    • Hand/courier: Same day

    • Mail: 5 calendar days later

    • Email: Same day (or next Working Day if after hours)

  • A party may change their address with Notice in Writing.

A-7 Language of Contract

  • Contract language is designated (usually English).

A-8 Succession

  • Contract binds Owner and Contractor, including legal successors.

DEFINITIONS (Important Terms Only)

  • Change Directive — Owner-ordered change when the price hasn’t been agreed yet.

  • Change Order — Agreed change in scope, price, or time.

  • Consultant — Architect/Engineer administering the contract.

  • Contract Price — Amount payable for the Work.

  • Contract Time — Duration to complete the Work.

  • Notice in Writing — Official communication under the contract.

  • Place of the Work — Jobsite location.

  • Product — Materials, equipment, or items used.

  • Project — Complete construction project.

  • Ready-for-Takeover — Owner can use the Work; milestones achieved.

  • Substantial Performance — Work is substantially complete; triggers holdback release.

  • Supplier — Provides products, not labor.

  • Temporary Work — Non-permanent items (forms, scaffolding).

  • Working Day — Defined workdays (typically Mon–Fri).

  • Work — All contracted activities required by Contract Documents.

GENERAL CONDITIONS (Structure Only)

(Details to be filled in later)

  • PART 1 – General Provisions

    • GC 1.1 Contract Documents

    • GC 1.2 Law of the Contract

    • GC 1.3 Rights and Remedies

    • GC 1.4 Assignment

  • PART 2 – Administration

    • Authority & role of Consultant

    • Review/inspection

    • Defective work procedures

  • PART 3 – Execution

    • Control of work

    • Owner’s own forces

    • Temporary work

    • Schedule requirements

    • Supervision

    • Subcontractors & suppliers

    • Labour quality

    • Shop drawing process

  • PART 4 – Allowances

    • Cash allowances

    • Contingency allowance

  • PART 5 – Payment

    • Financing

    • Application for payment

    • Progress/final payment

    • Holdbacks

    • Non-conforming work

  • PART 6 – Changes in Work

    • Owner change rights

    • Change Orders / Change Directives

    • Unknown conditions

    • Delays

    • Claims

  • PART 7 – Default

    • Owner remedies

    • Contractor remedies

  • PART 8 – Dispute Resolution

    • Consultant authority

    • Adjudication

    • Negotiation/mediation/arbitration

  • PART 9 – Protection

    • Protection of property

    • Hazardous materials

    • Safety

    • Mould

  • PART 10 – Governing Regulations

    • Taxes and duties

    • Permits

    • Patents

    • Workers’ compensation

  • PART 11 – Insurance

    • Required insurance policies

  • PART 12 – Owner Takeover

    • Ready-for-Takeover

    • Early occupancy

    • Warranty

  • PART 13 – Indemnification & Waiver

    • Indemnification specifics

    • Waiver of claims

ARTICLE A-7 — LANGUAGE OF THE CONTRACT

  • If Contract Documents exist in both English and French, one must prevail.

  • Both Contractor + Owner must strike out the non-applicable language.

  • Standard clause indicates the Agreement is written in English upon request from both parties.

  • Key Point: English version typically prevails unless specifically chosen otherwise.

ARTICLE A-8 — SUCCESSION

  • The contract is legally binding on:

    • Owner

    • Contractor

    • Their heirs, legal representatives, successors, and assigns.

  • Key Point: Contract obligations persist even with ownership changes.

SIGNATURE SECTION (Execution of Agreement)

  • Requires:

    • Witness signatures for Owner and Contractor.

    • Names and titles of individuals signing.

    • Proof of signing authority, if necessary.

    • Corporate seal applied as mandated by jurisdiction or company policy.

  • Key Point: Ensures signatures are valid and legally enforceable.