Definitions
The following Definitions shall apply to all our Contracts.
Cash Allowance: Is for something known to be required but which cannot be specified with adequate detail to permit accurate pricing by the Contractor, or which otherwise needs to be deferred. However, the cost of the item can be estimated and specified as a cash allowance amount in the contract. When more information subsequently becomes available to permit the item to be more accurately priced, the Owner approves expenditure of the Cash Allowance.
Change Order: A written amendment to the Contract prepared by the Contractor and signed by the Owner stating their agreement to a change in the Work and the associated adjustment in Contract Price and Contract Time.
Consultant: The person or entity engaged by the Owner or Contractor as Architect or Engineer, or entity licensed to practice in Ontario to provide design and testing services for the Work.
Construction Equipment: All machinery and equipment, either operated or not operated, that is required for preparing, fabricating, conveying, erecting, or otherwise performing the Work but is not incorporated into the Work.
Contract: The undertaking by the parties to perform their respective duties, responsibilities and obligations as prescribed in the Contract Documents and represents the entire agreement between parties.
Contract Completion: A Contract shall be deemed to be completed and services or materials shall be deemed to be last supplied to the improvement when the price of completion, correction of a known defect or last supply is not more than one per cent (1%) of the Contract Price.
Contract Documents: Consist of those documents listed in Article 3 CONTRACT DOCUMENTS and amendments agreed upon between the parties.
Excavation classes: Two classes of excavation will be recognized:
- Rock Excavation: Solid material in excess of one cubic foot and which cannot be removed by the specified means of excavating, which is either by hand or by mechanical excavating equipment. Frozen material not classified as rock.
- Common Excavation: Excavation of materials of whatever nature, which are not included under definition of Rock Excavation.
Place of the Work: The designated site or location of the Work identified in the Contract Documents.
Product: Material, equipment, and fixtures forming part of the Work, but does not include Construction Equipment.
Provide: To supply and install to result in a complete installation ready for its intended use.
Subcontractor: a person or entity having direct contract with the Contractor to perform a part or parts of the Work at the Place of Work.
Temporary Work: Temporary supports, structures, facilities, services and other temporary items required for the execution of the Work but not incorporated into the Work.
Type 4 Soils: Soft to very soft, very loose in consistency, very sensitive and upon disturbance is significantly reduced in natural strength. Runs or flows easily unless completely supported before excavation. Almost no internal strength. Wet or muddy. Exerts substantial fluid pressure on its supporting system.
Work: The total construction and related services required by the Contract Documents.
Working Day: A day other than a Saturday, Sunday, or statutory holiday in the province of Ontario.