1. ASBESTOS AND HAZARDOUS WASTE. Unless the contract specifically calls for the removal, disturbance, or transportation of
asbestos or other hazardous substances, the parties acknowledge that such work requires special procedures, precautions, and/or licenses. Therefore, unless the contract specifically calls for same, if Bedrock Construction Ltd. encounters such substances, Bedrock Construction Ltd. shall immediately stop work and allow the Owner/or Other to obtain duly qualified asbestos and/or hazardous material contractor to perform the work or Bedrock Construction Ltd. may perform the work at Owner/ or Other option. Said work will be treated as an Extra Work under the contract.
2. RESPONSIBILITIES OF THE PARTIES. Bedrock Construction Ltd. shall promptly notify the Owner/or Other of:
(a) subsurface or latent physical conditions at the site differing materially from those indicated in this contract, or;
(b) unknown physical conditions differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this contract. Owner/or Other as added work, shall pay for any expense incurred due to such conditions. The Owner/or Other is responsible for having sufficient funds to comply with this agreement. This is a cash transaction unless otherwise specified. The Owner/or Other is responsible to remove or protect any personal property and Bedrock Construction Ltd. Is not responsible for it or any carpets, drapes, furniture, driveways, lawns, shrubs, landscaping, etc. unless part of original contract.
3. PLANS AND SPECIFICATIONS. If plans and specifications are prepared for this job, they shall be attached to and become part of the agreement.
4. SUBCONTRACTS. Bedrock Construction Ltd. may subcontract portions or all of this work to qualified subcontractors.
5. COMPLIANCE WITH LAWS. In connection with the performance by Bedrock Construction Ltd. pursuant to this agreement, Owner/or Other shall obtain and pay for all necessary permits and comply with all federal, provincial and local laws, ordinances and regulations where not noted on contract.
6. INSURANCE AND DEPOSITS. Owner/ or Other will procure at Owner/ or Other expense and before the commencement of any work hereunder, fire insurance with course of construction, vandalism and malicious mischief clauses attached, such insurance to be a sum at least equal to the contract price with loss, if any, payable to any beneficiary under any deed of trust covering the project, and include sufficient funds to protect Owner/or Other, Bedrock Construction Ltd., subcontractors and construction lender as their interests may appear. Should Owner/or Other Contractor fail to do so, Bedrock Construction Ltd. May procure such insurance as agent for and at the expense of Owner/ or Other, but is not required to do so. If the project is destroyed or damaged by accident, disaster or calamity, such as fire, storm, earthquake, flood, landslide, or by theft or vandalism, any work done by Bedrock Construction Ltd. In rebuilding or restoring, the project shall be paid by the Owner/or Other as Extra Work. Bedrock Construction Ltd. shall provide Worker’s Compensation clearance letter upon request and completion of project. Bedrock Construction Ltd. carries liability insurance and will provide proof upon request. Owner/or Other shall obtain and pay for insurance against injury to Owner/or Other own employees and persons under Owner/or Other direction and persons on the job site at Owner/or Others invitation.
7. DELAYS. Contractor agrees to start and diligently person work through to completion, but shall not be responsible for delays for any of the following reasons: failure of the issuance of all necessary building permits within a reasonable length of time, funding of loans, disbursement of funds into funding control or escrow, acts of neglect or omission of Owner/or Others or Owner/or Owners agent, acts of God, stormy or inclement weather, strikes, blackouts, boycotts, or other labor union activities, Extra Work ordered by Owner/or Others, acts of public enemy, riots or civil commotion, inability to secure material through regular recognized channels, imposition of government priority for allocation of materials, failure of Owner/or Others to make payments when due, or delays caused by inspection or changes ordered by the inspectors of authorized governmental bodies or for acts of independent contractors, or holidays, or other causes beyond Bedrock Construction Ltd. reasonable control.
8. CHANGES IN THE WORK. Should the Owner/ or Other, construction lender or any public body or inspector direct any modification or addition to the work covered by this contract, the contract price shall be adjusted accordingly. Modification or addition to the work shall be executed only when both the Owner/or Other and Bedrock Construction Ltd. have signed a contract Change Order. The change in the contract price caused by such contract Change Order shall be as agreed to in writing. The Change Order may also increase the time within which the contract is to be completed. No Extra or Change Order work shall be required to be performed without prior written authorization of the person contracting for the construction. Any Change Order forms for changes or Extra Work shall be incorporated in, and become a part of the contract.
9. RIGHT TO STOP WORK. Bedrock Construction Ltd. shall have the right to stop work if any payment shall not be made, when due to Bedrock Construction Ltd. under this agreement. Bedrock Construction Ltd. may keep the job idle until all payments due are received. This remedy is in addition to any other rights or remedy that the Contractor may have. Such failure to make payments when due is a material breach of this agreement. Owner/or Others acknowledges that the additional costs for the delay in stopping and starting the project shall be treated as an extra and allow Bedrock Construction Ltd. additional costs in accordance with paragraph one (1) hereof.
10. COMPLETION AND OCCUPANCY. Owner agrees to sign and record a Notice of Completion within five (5) days after the project is complete and ready for occupancy. If the project passes final inspection by the public body but Owner/or Others fails to record Notice of Completion, then Owner/or Others hereby appoints Bedrock Construction Ltd. as Owner/or Others agent to sign and record a Notice of Completion on behalf of the Owner/or Others. This agency is irrevocable and is an agency coupled with an interest. In the event the Owner/or Others occupies the project or any part thereof before Bedrock Construction Ltd. has received full payment due under this contract, such occupancy shall constitute full and unqualified acceptance of all Bedrock Construction Ltd. work by the Owner/or Others and the Owner/or Others agrees that such occupancy shall be a waiver of any and all claims against Bedrock Construction Ltd.
11. CLEANUP. Bedrock Construction Ltd. will remove from Owner/or Others property, unless garbage bin is supplied, debris and surplus material created by this operation and leave it in a neat and broom-clean condition.
12. LIMITATIONS. No action of any character arising from or related to this contract, or the performance thereof, shall be commenced by either party against the other more than one (1) year after completion of the project or cessation of work under this contract. Dyelots in products may vary from sample. Color variations can occur in any product. Efflorescence (whitish powder) can occur with any cement-based product, and Bedrock Construction Ltd. will not be held responsible for any of these problems or conditions. The quoted price does not include epoxy grouts. Bedrock Construction Ltd. will not be responsible for any doors which may have to be cut or altered in any way, unless apart of original contract or a change order applies.
13. ATTORNEY FEES. In the event there is any litigation or arbitration arising out of this agreement, the prevailing party shall be entitled to its reasonable attorney fees and costs.
14. WAIVER. The Owner/or Other hereby acknowledges that all products offered by Bedrock Construction Ltd. are subject to substantial variations in colour, shading, width, dimensions, texture, shape, finish, consistency and durability. It is understood and agreed that Bedrock Construction Ltd. shall not be held responsible for any and all damages and/or claims resulting from natural variations in the products or modifications during installation as a result thereof. Stone products, due to their brittle and porous nature, are subject to chipping and splitting and Bedrock Construction Ltd. shall not be responsible for such events. It is agreed that the Owner/or Other or its agent has been afforded the opportunity to inspect the goods prior to installation and following such inspection shall be deemed to have accepted the goods in their totality and the natural variations contained herein.It is agreed that any product supplied by Owner/or Other and installed by Bedrock Construction Ltd. or it’s Sub Trades carries no warranty including installation warranty.