Cca1 2008
Cca1 2008
Cca1 2008
1
2008
stipulated price
subcontract
Project:
Subcontract Work:
This Subcontract Agreement made on the ____ day of _________________ in the year ______.
by and between the parties
______________________________________________________________________________________________________
name of Contractor
and
______________________________________________________________________________________________________
name of 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;
CCA 1 – 2008 1
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 1A, 2A AND 3A AND DISCARD ARTICLES 1B, 2B AND 3B IF
- THERE IS A PRIME CONTRACT IN WRITING BETWEEN THE OWNER AND THE CONTRACTOR, AND
- IT IS THE INTENTION OF THE CONTRACTOR AND THE SUBCONTRACTOR THAT THE CONDITIONS OF SUCH PRIME
CONTRACT ARE TO BE INCORPORATED INTO THIS SUBCONTRACT AND SHALL GOVERN IN THE EVENT OF A CONFLICT.)
1.2 The Subcontractor shall perform the Subcontract Work as required by the Subcontract Documents.
* (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.)
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.
* (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)
CCA 1 – 2008 3
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.
ARTICLE 4 – SCHEDULE
4.1 The Subcontractor shall perform the Subcontract Work:
.1 in accordance with a Schedule provided by the Contractor at the time of signing this Subcontract; or
.2 in accordance with a Schedule mutually agreed if provided by the Contractor after the signing of this Subcontract;
or
.3 starting on or about (day/month/year) ___ /___ /___ and substantially perform the Subcontract Work by, on or about
(day/month/year) ___ /___ /___.
The Contractor may reasonably adjust any schedule or specified timing during the course of the Subcontract Work after
consulting with the Subcontractor.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
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
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.
ARTICLE 7 – RECEIPT OF AND ADDRESSES FOR NOTICE IN WRITING
7.1 Notices in Writing will be addressed to the recipient at the address set out below. 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. A Notice in Writing
delivered by one party in accordance with this Subcontract 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. 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. 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.
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.
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.
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.
____________________________________________
name of Contractor
____________________________________________ ____________________________________________
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
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
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.
SUBCONTRACT CONDITIONS
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.
CCA 1 – 2008 11
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 3 EXECUTION OF THE WORK
12 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.
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.
CCA 1 – 2008 13
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.
3.5.10 The Subcontractor shall provide revised Shop Drawings to correct those which the Contractor rejects as inconsistent
with the Subcontract Documents, unless otherwise directed by the Contractor. The Subcontractor shall advise the
Contractor in writing of any revisions to the Shop Drawings other than those requested by the Contractor.
3.5.11 The Contractor 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 Subcontract Work.
PART 5 PAYMENT
CCA 1 – 2008 15
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 6 CHANGES IN THE 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.
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.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 Subcontract 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 3 Working Days after first observance of the conditions.
6.4.2 The Contractor 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 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.
6.4.3 If the Contractor finds that the conditions at the Place of the Work are not materially different or that no change in the
Subcontract Price or the Subcontract Time is justified, the Contractor shall report the reasons for this finding to the
Subcontractor 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 SCC 9.2 – TOXIC AND HAZARDOUS SUBSTANCES,
SCC 9.3 – ARTIFACTS AND FOSSILS and SCC 9.5 – MOULD.
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
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.3 charge the Subcontractor the amount by which the full cost of finishing the Subcontract Work and a reasonable
allowance to cover the cost of corrections to work performed by the Subcontractor that may be required under
SCC 12.3 – WARRANTY, exceeds the unpaid balance of the Subcontract Price; however, if such cost of
finishing the Subcontract Work is less than the unpaid balance of the Subcontract Price, the Contractor shall pay
the Subcontractor the difference; and
.4 on expiry of the warranty period, charge the Subcontractor the amount by which the cost of corrections to the
Subcontractor's work under SCC 12.3 – WARRANTY exceeds the allowance provided for such corrections, or if
the cost of such corrections is less than the allowance, pay the Subcontractor the difference.
7.1.6 The Subcontractor’s obligation under the Subcontract as to quality, correction and warranty of the work performed by
the Subcontractor up to the time of termination shall continue after such termination of the Subcontract.
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.
20 CCA 1 – 2008
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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.
CCA 1 – 2008 21
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8.2.9 Except to the extent that any dispute between the Contractor and Subcontractor is a part of or relates to a dispute
between the Owner and the Contractor, all disputes between the Contractor and Subcontractor shall be consolidated
into a single arbitration.
8.2.10 Should any dispute or portion of any dispute between the Contractor and Subcontractor relate to a dispute between
the Owner and the Contractor, such dispute or portion thereof as between the Contractor and Subcontractor shall be
disposed of at the same time in the same proceedings and by the same Arbitration Board as is appointed to resolve the
dispute between the Owner and the Contractor.
8.2.11 Should no Project Mediator have been appointed by the parties to the Prime Contract, and if no mediator is agreed to
between the parties within 5 days of a mediator being required under 8.2.3, the provisions of paragraphs 8.2.3 and
8.2.4 shall be inapplicable and the notice required under 8.2.5 shall be given within 10 Working Days after the receipt
of the Contractor's Notice in Writing of reply under paragraph 8.2.1.
CCA 1 – 2008 23
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.3 if the Contractor and Subcontractor 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 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
Subcontractor.
9.5.2 If the Contractor and Subcontractor agree, or if the expert referred to in paragraph 9.5.1.3 determines that the
presence of mould was not caused by the Subcontractor’s operations under the Subcontract, the Contractor shall
promptly, at no cost to the Subcontractor:
.1 take all reasonable and necessary steps to safely remediate or dispose of the mould, and
.2 reimburse the Subcontractor for the cost of taking the steps under paragraph 9.5.1.2, and
.3 extend the Subcontract Time for such reasonable time in consultation with the Subcontractor and the expert
referred to in 9.5.1.3 and reimburse the Subcontractor for reasonable costs incurred as a result of the delay, and
.4 indemnify the Subcontractor as required by SCC 12.1 – INDEMNIFICATION.
9.5.3 If the Contractor and Subcontractor agree, or if the expert referred to in paragraph 9.5.1.3 determines that the
presence of mould was caused by the Subcontractor’s operations under the Subcontract, the Subcontractor shall
promptly, at the Subcontractor’s own expense:
.1 take all reasonable and necessary steps to safely remove the mould, and
.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 9.5.1.3, and
.5 indemnify the Contractor as required by SCC 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 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 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 SCC 9.5 – MOULD.
24 CCA 1 – 2008
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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.
CCA 1 – 2008 25
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.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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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.
CCA 1 – 2008 27
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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
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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.
CCA 1 – 2008 29
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