Terms & Conditions

1.1 Contract Formation: This contract is formed upon the Client's acceptance of the Contractor's written estimate and the Client's payment of the required deposit. The contract consists of this document, the attached estimate, any approved change orders, and any plans or specifications referenced herein.

1.2 Scope of Work: The Contractor agrees to provide labor, materials, and services as described in the attached estimate for the renovation project at the property address specified in the estimate.

1.3 Contract Documents: The contract documents include this agreement, the estimate, any drawings, specifications, and change orders. In case of conflict between documents, this agreement takes precedence.

2.1 Price Fluctuation: If supplier prices for materials increase by more than 10% between contract signing and material procurement, the Contractor may adjust the contract price accordingly with 48 hours written notice to the Client.

2.2 Documentation: Any price adjustments must be supported by supplier invoices or written price confirmation from suppliers.

2.3 Client Approval: Material price increases exceeding 15% require Client approval before proceeding. The Client may cancel the contract without penalty if increases exceed 20%.

3.1 Cancellation Right: The Client may cancel this contract within 10 days of signing without penalty by providing written notice to the Contractor.

3.2 Cancellation After Commencement: If the Client cancels after work has begun, the Client is responsible for:

• Payment for all work completed to date
• Cost of materials ordered and delivered
• Restocking fees for returned materials
• Costs for restoring the property to a safe condition

3.3 Refunds: Any deposit refunds will be processed within 30 days of valid cancellation.

4.1 Payment Schedule: Payment shall be made according to the schedule outlined in the estimate. Typically:

• Deposit: Required upon contract signing
• Progress payments: Due upon completion of specified milestones
• Final payment: Due within 30 days of project completion

4.2 Late Payment: Late payments may incur a service charge of 1.5% per month (18% annually) on overdue amounts.

4.3 Work Stoppage: The Contractor may suspend work if payments become more than 10 days overdue.

5.1 Legal Hypothec: The Contractor has the right to register a legal hypothec (construction lien) against the property for unpaid amounts.

5.2 Preliminary Notice: Before registering a hypothec, the Contractor will provide the Client with 30 days written notice of intent to register.

5.3 Release: The hypothec will be released upon full payment of all amounts due under this contract.

6.1 Included Services: Work includes only items specifically listed in the estimate. Additional work requires a written change order.

6.2 Exclusions: Unless specifically included, the following are excluded:

• Permits and inspections (unless specified)
• Utility connections
• Site cleanup beyond normal construction debris
• Landscaping restoration
• Work required due to undisclosed site conditions

6.3 Site Preparation: The Client is responsible for ensuring site access and removing personal belongings from work areas.

7.1 Change Authorization: All changes to the original scope must be authorized in writing through a change order signed by both parties.

7.2 Change Order Content: Change orders must specify:

• Description of additional work
• Cost adjustment (positive or negative)
• Time adjustment to completion schedule
• Impact on warranties

7.3 Emergency Changes: In emergency situations affecting safety, the Contractor may proceed with necessary changes and formalize the change order within 48 hours.

8.1 Workmanship Warranty: The Contractor warrants workmanship for one (1) year from project completion against defects in construction.

8.2 Material Warranties: Materials are covered by manufacturer warranties. The Contractor will assign these warranties to the Client.

8.3 Warranty Exclusions: Warranties do not cover:

• Normal wear and tear
• Damage from misuse or lack of maintenance
• Settlement or structural movement
• Damage from modifications by others

8.4 Liability Limitation: The Contractor's total liability is limited to the contract price.

9.1 Site Access: The Client must provide safe, unobstructed access to work areas during business hours.

9.2 Utilities: The Client must ensure utilities (electricity, water, heat) are available as needed for construction.

9.3 Site Conditions: Hidden conditions (asbestos, structural issues, etc.) not visible during estimate preparation may require additional work at extra cost.

9.4 Site Security: The Client is responsible for securing the site outside of working hours.

10.1 Completion Date: The estimated completion date is subject to weather conditions, material delivery, change orders, and unforeseen circumstances.

10.2 Final Inspection: Upon completion, a final walkthrough will be conducted with the Client to identify any deficiencies.

10.3 Project Acceptance: The project is considered accepted when:

• Final walkthrough is completed
• All deficiencies are corrected
• Final payment is made

10.4 Substantial Completion: If minor deficiencies remain, the project may be considered substantially complete, with a holdback retained for completion of deficiencies.

11.1 Good Faith Resolution: The parties agree to attempt resolution of disputes through good faith negotiation.

11.2 Mediation: If negotiation fails, disputes will be submitted to mediation before pursuing legal action.

11.3 Governing Law: This contract is governed by the laws of Quebec and Canada.

11.4 Jurisdiction: Any legal proceedings shall be conducted in Quebec courts.

12.1 Force Majeure: Neither party is liable for delays caused by circumstances beyond their reasonable control.

12.2 Assignment: This contract may not be assigned without written consent of both parties.

12.3 Entire Agreement: This contract constitutes the entire agreement and supersedes all prior negotiations and agreements.

12.4 Amendments: Any amendments must be in writing and signed by both parties.

13.1 Severability: If any provision of this contract is found to be unenforceable, the remaining provisions shall remain in full force and effect.

13.2 Reformation: Unenforceable provisions shall be reformed to the minimum extent necessary to make them enforceable while preserving the original intent.

14.1 Termination Right: The Contractor may terminate this contract upon written notice if:

• The Client fails to make payments when due
• The Client interferes with the work
• The Client fails to provide site access
• Conditions arise that make performance unsafe or illegal

14.2 Effect of Termination: Upon termination, the Client shall pay for all work completed and materials delivered.