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Building Contract


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Your Building Contract

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Building Contract Page of
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BUILDING CONTRACT

THIS BUILDING CONTRACT (the "Contract") is dated this ________ day of ________________, ________.

Client

____________________________________________________
(the "Client")

Contractor

____________________________________________________
(the "Contractor")
  1. BACKGROUND
  2. The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client.
  3. The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Contract.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Contract, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the "Party" and collectively the "Parties" to this Contract) agree as follows:

  1. Services Provided
  2. The Client hereby agrees to engage the Contractor to provide the Client with the following services (the "Services"):
    • _______________________________________________________________
      _______________________________________________________________.

  3. The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client.
  4. Term of Contract
  5. The term of this Contract (the "Term") will begin on the date of this Contract and will remain in full force and effect indefinitely until terminated as provided in this Contract.
  6. Performance
  7. The Parties agree to do everything necessary to ensure that the terms of this Contract take effect.
  8. Currency
  9. Except as otherwise provided in this Contract, all monetary amounts referred to in this Contract are in CAD (Canadian Dollars).
  10. Compensation
  11. The Contractor will charge the Client a flat fee of $__________ for the Services (the "Compensation").
  12. The Contractor will invoice the Client when the Services are complete.
  13. Invoices submitted by the Contractor to the Client are due within 30 days of receipt.
  14. The Compensation as stated in this Contract does not include sales tax, or other applicable duties as may be required by law. Any sales tax and duties required by law will be charged to the Client in addition to the Compensation.
  15. Reimbursement of Expenses
  16. The Contractor will be reimbursed from time to time for reasonable and necessary expenses incurred by the Contractor in connection with providing the Services.
  17. All expenses must be pre-approved by the Client.
  18. Confidentiality
  19. Confidential information (the "Confidential Information") refers to any data or information relating to the Client, whether business or personal, which would reasonably be considered to be private or proprietary to the Client and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to  the Client.
  20. The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Contract.
  21. All written and oral information and material disclosed or provided by the Client to the Contractor under this Contract is Confidential Information regardless of whether it was provided before or after the date of this Contract or how it was provided to the Contractor.
  22. Ownership of Intellectual Property
  23. All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trademark, trade dress, industrial design and trade name (the "Intellectual Property") that is developed or produced under this Contract, will be the sole property of the Client. The use of the Intellectual Property by the Client will not be restricted in any manner.
  24. The Contractor may not use the Intellectual Property for any purpose other than that contracted for in this Contract except with the written consent of the Client. The Contractor will be responsible for any and all damages resulting from the unauthorized use of the Intellectual Property.
  25. Return of Property
  26. Upon the expiry or termination of this Contract, the Contractor will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.
  27. Capacity/Independent Contractor
  28. In providing the Services under this Contract it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Contract does not create a partnership or joint venture between them, and is exclusively a contract for service.
  29. Right of Substitution
  30. Except as otherwise provided in this Contract, the Contractor may, at the Contractor's absolute discretion, engage a third party sub-contractor to perform some or all of the obligations of the Contractor under this Contract and the Client will not hire or engage any third parties to assist with the provision of the Services.
  31. In the event that the Contractor hires a sub-contractor:
    • the Contractor will pay the sub-contractor for its services and the Compensation will remain payable by the Client to the Contractor.
    • for the purposes of the indemnification clause of this Contract, the sub-contractor is an agent of the Contractor.
  32. Autonomy
  33. Except as otherwise provided in this Contract, the Contractor will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Contract. The Contractor will work autonomously and not at the direction of the Client. However, the Contractor will be responsive to the reasonable needs and concerns of the Client.
  34. Equipment
  35. Except as otherwise provided in this Contract, the Contractor will provide at the Contractor’s own expense, any and all tools, machinery, equipment, raw materials, supplies, workwear and any other items or parts necessary to deliver the Services in accordance with the Agreement.
  36. No Exclusivity
  37. The Parties acknowledge that this Contract is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Services.
  38. Notice
  39. All notices, requests, demands or other communications required or permitted by the terms of this Contract will be given in writing and delivered to the Parties at the following addresses:
    • ______________________
      ______________________________
    • ______________________
      ______________________________

    or to such other address as either Party may from time to time notify the other.

  40. Indemnification
  41. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Contract. This indemnification will survive the termination of this Contract.
  42. Modification of Contract
  43. Any amendment or modification of this Contract or additional obligation assumed by either Party in connection with this Contract will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
  44. Time of the Essence
  45. Time is of the essence in this Contract. No extension or variation of this Contract will operate as a waiver of this provision.
  46. Assignment
  47. The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Contract without the prior written consent of the Client.
  48. Entire Agreement
  49. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Contract except as expressly provided in this Contract.
  50. Enurement
  51. This Contract will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
  52. Titles/Headings
  53. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Contract.
  54. Gender
  55. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  56. Governing Law
  57. This Contract will be governed by and construed in accordance with the laws of the Province of.
  58. Severability
  59. In the event that any of the provisions of this Contract are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Contract.
  60. Waiver
  61. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Contract by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.

IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on this ________ day of ________________, ________.

_______________________________
______________________ (Client)
_______________________________
______________________ (Contractor)
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Service Agreement Information

A Service Agreement, also known as a Consulting Agreement or Service Contract, is a document used to define the terms of a business relationship between a service provider and a customer.

Who should use a Service Agreement?

If you are providing services to a customer, such as repairs, installations, landscaping, etc., you should use a Service Agreement to clearly define the terms of your services and pricing to your customer.

As a customer, if your service provider does not have a Service Agreement, you may wish to provide one in order to avoid any future complications that may arise due to a lack of a formal agreement.

This Service Agreement may be used in all Canadian provinces and territories.

What should service providers consider in a Service Agreement?

A Service Agreement can protect a service provider in a number of ways. To complete a Service Agreement, a service provider should consider the following:

  • When do I want to be paid?
  • What amount should I be paid?
  • What is my time estimate for this project?
  • Will the customer be charged a penalty for any late payments?
  • Do I want to retain ownership of my intellectual property?
  • Do I want my expenses to be covered by the customer?
  • Do I require any resources, such as tools, office space, or equipment, from the client?
  • Will sales tax be included in the price?
  • What will happen in the event of a dispute?

What should customers consider in a Service Agreement?

A customer in a Service Agreement should ensure that they are fully protected and in agreement of the terms by deciding:

  • If you will reimburse the service provider for approved expenses
  • What kind of payment schedule works best for you
  • Whether you would like to include a non-compete, confidentiality, or non-solicitation clause for the service provider to adhere to
  • If you would prefer to include terms regarding either indemnity or insurance
  • If you will penalize the service provider if they do not meet deadlines
  • If any additional compensation will be provided
  • How much notice is required to end the contract early

Related Documents:

  • Independent Contractor Agreement: a contract used to outline the terms of a working relationship between a client and an independent contractor
  • Consulting Agreement: a written contract that spells out the terms of a working relationship between a consultant and a client
  • Catering Services Agreement: an agreement used to hire a caterer to prepare and serve food at an event
  • Child Care Contract: an agreement used to hire a child care provider to watch and care for your children, in a daycare for instance
  • Cleaning Services Agreement: a document that outlines the terms for an agreement where you hire someone to clean for you
  • Computer Services Agreement: a written agreement used to hire someone to handle computer-based services for you
  • Performance Agreement: a booking contract used to hire performers as entertainment at an event, like musicians to play your wedding reception

Frequently Asked Questions:

Service Agreement FAQ
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