To work within the rules of the art

SIMCO, TO WORK WITHIN the RULES OF The ART

You have made the decision to do the work of construction of a commercial building or renovation of a commercial space existing? After a little search on the Web and in your professional network, you're faced with pages and pages of general contractors, all available to achieve your vision. As it is an important project for your company, of course, you want to do business with a general contractor, professional, serious, running works well-made, according to the regulations and standards and, at a price that fits your needs. However, one should not forget the importance of a well-drafted contract, with all the information you might need on hand, as well as clauses that can protect you in case of a problem. To help you to see there more clearly, Simco present to you the ABC of a contract of work written in the rules of art!

The information recorded in black and white

As in any contractual document with a legal value, certain information must be listed. According to the Régie du bâtiment du québec, as well as the Office of consumer protection, the following information must be reflected in any contract for the construction as well as renovation :

• The contact information of the contractor :
  • The name of the company, as well as its contact details (address, telephone number);
  • The name of the project as well as its contact information (phone number or cell phone, email);
  • The cell number to contact in case of emergency (available 24 hours on 24, 7 days out of 7).
• License numbers as well as permit the contractor :
  • The registration number with the Régie du bâtiment du Québec;
  • Company number indicated on the Registrar of companies;
  • The number of any other license, as well as any other required permits.
• A written commitment of the entrepreneur, stating that it will comply with :
  • Any regulation applicable to the project;
  • All the standards of the Code de construction du Québec.
• The number of his civil liability insurance policy, as well as the name of the insurance company and its contact details;
• The detailed description of the work done and materials, and the materials that will be used, including their costs;
• The planned dates for the beginning and end of the work;
• The general conditions of the contract;
• The terms of payment;
• The total cost of the works (before and after taxes);
• The signature of the contractor and the customer.

At Simco, our customers are guaranteed that these information will always be indicated on all contracts for the construction and renovation that we dedicate. This information is also always up to date.

Clauses to avoid any gray areas

Any agreement should also contain provisions to protect the 2 parties to the contract, the general contractor that you, the customer. At Simco, our contracts are written to avoid any grey areas, as well as all the bad possible interpretations. Without limitation, the following provisions form part of any contract binding us to our clients in the context of construction projects as well as commercial renovation :

• Interpretation of the contract

In order to ensure good understanding of the project of the construction or renovation of trade between the general contractor and you, the customer, it is important that the details of the work to be carried out should be clearly stated in the terms of the contract.

• Deadline for execution of the contract

A detailed timeline for completion of the works is provided in this clause. Holidays or vacations that will take place during the timeline are also listed. In addition, the customer can request to add a mention of the penalty money if the general contractor does not comply with the schedule (unless the non-adherence to the schedule is caused by a situation of force majeure).

• Obligations and responsibilities of the general contractor
• Obligations and responsibilities of the client

Of course, both sides, each party has obligations and responsibilities to the other party. For example, it can be said that it is the responsibility of the general contractor to inform on-the-field the client if there are cost overruns, caused by a particular situation (such as the closure of the factory, who supplied him with a specific product, for example). It can also be requested from the customer to respond promptly to questions from the general contractor so as not to delay unnecessarily the work; because obviously, if the general contractor exceeds the expected timing because the client does not respond within a reasonable time, its messages, the client will not be able to impose on the general contractor of the penalty money given to the clause relating to the execution period of the contract.

• Payments and deductions

It is important to determine the frequency of the payments and the amounts of ds last. Usually, an amount is required as a deposit in order that the contractor can order the top materials. Subsequently, it is necessary to determine the subsequent payments : is that the amounts will be fixed or according to the percentage of the work completed? The other aspect is also crucial : as a customer, always keep at least 10 % of the amount of work as a restraint. Thus, if the work was poorly done or incomplete, you can use the money withheld to take another contractor. But don't worry; with Simco, you are assured of excellent service and high quality work!

• Termination of the contract

Termination of contract

Prevention is better than cure! It is important to indicate the reasons why one or the other of the parties may terminate the contract. Of course, except in the case of justifications serious (theft by an employee of the general contractor, for example), it is better to first communicate orally in order to resolve issues that may arise. Otherwise, this clause will be used to protect the injured party.

In short, to avoid all the headaches related to the management of the contractual work of the construction or renovation of commercial, make sure you call in a general contractor using a contract transparent, with clauses protecting just as much of the general contractor that the client... as the contracts produced by Simco! Contact one of our specialists for more details!