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Who writes the contract, the owner or the contractor?

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Posted by: from Oshawa
10/14/2015 at 3:33:19 PM

Hi,

Who generally provides the Contract? Would it be the Contractor or the Owner?

I need to know if I need to set up a Contract by myself or if the Contractor would provide it.

Thanks,

Emmanuel

REPLIES (8)
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Date/Time10/14/2015 at 5:15:59 PM

Contractor writes contract but client should read it carefully and approve contract.

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Date/Time10/14/2015 at 5:16:22 PM

Contractor or both.

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Date/Time10/14/2015 at 5:20:57 PM

The contractor should. We follow the CHMC sample contract for a good example what to look for.

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Mike from M Home Reno in Toronto
Date/Time10/14/2015 at 6:56:03 PM

Generally the contractor write the agreement and if there's anything that the owner doesn't like about it, he or she should discuss it with the contractor until you reach to an agreement both parties should be OK with and includes all work and frame time and scope of work and payment agreement.

M Home Reno Inc

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Date/Time10/14/2015 at 7:53:48 PM

Great question Emmanuel;

It really all depends on the agreement you have with the contractor. If he is project/construction managing for you, then you would write the contracts between yourself and the sub trades and have a separate one with the contractor...possibly a CCDC 5. If you hired the contractor to be a general/prime contractor for you the he would have a contract with you, possibly a CCDC 2 and he would write the contracts with the sub trades, most likely a CCA 1.

Greylu Construction...Where quality matters.

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Brian from Next Restoration in Rockwood
Date/Time10/14/2015 at 7:55:49 PM

The contractor writes the contract based on your input normally.

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Date/Time10/15/2015 at 12:53:54 PM

Emmanuel,

The contractor is the one who usually instigates the contract. There are "standard contracts" on line, BUT, they should be amended by both you and the contractor to contain specific information. Such as: anticipated start and completion dates, actual work to be done, quality of material (brand names on sme items) and allowances for weather conditions ad other such issues. There should also be a clause stating that additional work (not included in the initial contract) should be discussed prior to any additional work being done. This is quite important with renovations as there often is a hidden factor (water damage, mold, cracks, etc.) So, yes. Do a contract based on logic and general knowledge.Get items in print so you both have some guidelines.

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Date/Time10/21/2015 at 8:44:25 AM

Construction contract is similar to any contract between two parties.

All construction companies should have their own contract that would cover the essential information:

scope of work, payment structure, warrant information, etc.

However, the client should review it and if they feel some modification are needed, then they should communicate them to the builder.

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