The following provisions shall be incorporated into each and every contract between BILT and the subcontractor unless otherwise indicated:
The subcontractor represents and warrants to BILT that its cost breakdown as prescribed in the contract would be fully sufficient to account for all fees, expenses and cost whatsoever that the subcontractor would be entitled to for the provision of its services to BILT, including the provision of labour, material and equipment, save for those attributable to change orders approved by BILT. The subcontractor agrees to be solely responsible for any and all fees, expenses and cost it failed to account for in the contract, save for those attributed to change orders approved by BILT.
The subcontractor agrees to assist BILT to place orders for any and all supplies and materials free of charge. BILT shall furnish payment for supplies and materials pursuant to the provisions of the contract. The subcontractor acknowledges and agrees that it has no ownership or rights to any of the supplies and materials placed on order.
The subcontract agrees to perform all of its services under the contract in a professional, timely and courteous manner in accordance with industry standards and standards prescribed by BILT.
The subcontractor agrees to adhere to the work schedule as prescribed in the contract. If the subcontractor fails to meet any step of the work schedule by delivering its services on time and in the workmanship and quality of service as promised, BILT may terminate this Agreement by written notice and shall be entitled to $__________ of liquidated damages against the Subcontractor for such delay, negligence or breach of contract in addition to any other remedy or recourse available to BILT in law or equity. In this regard, BILT may deduct or set off said liquidated damages against any and all payments owing or payable to the subcontractor. BILT is also entitled to pursue any and all remedies available in law and equity to pursue and enforce said liquidated damages against the subcontractor.
The subcontractor is free to engage work with third parties outside the scope of the contract provided that such activities do not conflict with the subcontractor’s obligations and duties prescribed under the contract. In any event that such activities are in conflict or detract from the successful performance of the service to be provided, the subcontractor agrees that its service performed for BILT shall take precedence over any other activities, failing which BILT may terminate the contract by written notice and seek any and all legal remedies for the remaining unfinished work.
The subcontractor agrees that should BILT take any steps to enforce the terms and conditions of the contract, the subcontractor shall be liable for any and all of BILT’s legal expenses on a solicitor and client full indemnity basis. The subcontractor agrees that monetary compensation would not be sufficient to adequately remedy any delay, negligence or breach of contract on the part of the subcontractor, that BILT would be entitled to seek injunctive relief against the subcontractor should such delay, negligence or breach of contract take place. The subcontractor agrees to fully indemnify and save harmless BILT and its employees, representatives, agents and subcontractors from any and all loss, damages, or injury caused, arisen or connected with the conduct of the subcontractor.
Nothing contained in the contract shall be deemed to constitute a partnership, a joint venture, or an employment relationship between the subcontractor and BILT and neither party shall represent or permit a representation to the contrary.
BILT and the subcontractor agree that they each had extensive time prior to the execute of the contract to review, discuss, bargain and amend the content and form of the contract. Each of them had the option of retaining legal advice. Both parties agree that the terms and conditions of the contract are fair and adhere to existing industry standards.
The subcontractor shall maintain Workers’ Compensation coverage during the duration off the contract and adhere to any and all safety and health regulations, employment standards, as well as other government regulations and bylaws applicable to a construction site. The subcontractor acknowledges and represents that it has made an on-site inspection of the premises and the work area so as to be familiar with all conditions which may affect the safety and health of its employees, agents, representatives and subcontractors. BILT reserves the right to inspect the safety and work performance of the subcontractor to ascertain compliance with these applicable provisions. The subcontractor shall immediately report to BILT all accidents, injuries, death and property damages that occurred onsite. The subcontractor shall promptly furnish to BILT copies of any Workers’ Compensation report of injury or illness and assist BILT in any investigation regarding illness, injury, death or property damage.
The subcontractor agrees to fully indemnify BILT and save BILT harmless from any and all claims for damages, injury, death or loss arising out of the action, omission or negligence on the part of the subcontractor. If a builders’ lien was filed against the land at question, the subcontractor shall promptly notify BILT.
The contract may not be assigned or subcontracted, in full or in part, without obtaining written consent of BILT.
The subcontractor shall provide a Certificate of Insurance prior to starting work and shall maintain said coverage until the termination or expiration of the contract.
BILT shall undertake the services in a good and professional manner in accordance with the accepted industry standards, diligently and in good faith. BILT shall adhere to all applicable federal, provincial and municipal requirements.
BILT shall apply best effort to keep in confidence and protect the client’s proprietary and confidential information.
The client agrees to bear any and all risks, cost overruns, and delays, caused by inclement weather, late approval by relevant authorities, late funding by the client or the client’s lender, and late delivery of materials, supplies as well as equipment.
Unless agreed upon in writing, BILT shall not be responsible for maintaining requisite holdbacks pursuant to the Alberta Builders’ Lien Act.
The client agrees to save BILT harmless and indemnify BILT for any and all liabilities, damages, expenses and costs, including legal costs on a solicitor and his own client full indemnity basis for any and all injuries, death, destruction of property and monetary loss attributable to the action, omission or negligence on the part of the client.
The relationship between BILT and the client shall not be construed or implied to be a partnership or joint venture.
Unless otherwise agreed to in writing, BILT shall be solely in charge of the provision of services as prescribed in the agreement. The client shall not interfere with the operations carried out by BILT as well as the subcontractors unless consented to by BILT. The client shall not conduct any of its own works onsite or enter into an agreement with another contractor or subcontractor, without the express consent of BILT.
All late payments payable to BILT shall bear an interest rate of 2% per month.
The client shall cooperate with BILT fully to ensure timely access to the worksite as well as the health and safety of all workers. The client shall not permit access to the worksite for any and all individuals, including the personnel and representatives of the client, without prior notice to BILT.