Nice Guy Concrete will perform specific concrete services as detailed in the project proposal or work order. This includes specifying the type of concrete work (e.g., pouring, finishing, stamping), the quality standards to be adhered to, and the use of any special materials or techniques. Each phase of the project will be outlined, from site preparation to the final finishing touches.
A structured payment schedule will be established for the project. This schedule will outline key milestones or stages in the project, with corresponding payment amounts due at the completion of each milestone. This ensures a clear understanding of payment expectations aligned with the progress of the work.
In the event of changes to the initial scope of work, Nice Guy Concrete will provide a detailed change order process. This includes how changes are to be requested, reviewed, and approved, along with an adjustment of costs and timelines. The process ensures transparency and agreement on any modifications to the project scope.
Nice Guy Concrete commits to upholding the highest safety standards in compliance with local, provincial, and federal regulations. This includes following specific safety protocols relevant to concrete work, ensuring the safety of workers and all individuals on site.
The client is responsible for preparing the work area as per the guidelines provided by Nice Guy Concrete. This preparation includes clearing any obstacles, making timely decisions, and providing necessary approvals or feedback to facilitate the smooth execution of the project.
Before resorting to mediation or arbitration, a dispute escalation procedure will be followed. This procedure involves direct negotiation between the parties, and if unresolved, escalation to senior management for further discussion and resolution.
Both parties agree to maintain confidentiality regarding any sensitive information exchanged during the course of the project. This clause ensures the protection of proprietary information, client privacy, and business interests.
Nice Guy Concrete is committed to sustainable practices and environmental protection. This includes minimizing waste, responsible disposal of materials, and adherence to eco-friendly practices wherever feasible.
Nice Guy Concrete reserves the right to subcontract certain aspects of the work to qualified subcontractors. This will be done without compromising the quality of work and in compliance with all contractual obligations.
Nice Guy Concrete may take photographs of the project (before, during, and after completion) for marketing and promotional purposes, while respecting the privacy and property rights of the client. Consent for such photography will be obtained in accordance with privacy laws.
The contractor, Nice Guy Concrete, will initiate the contracted work on the date specified as the "estimated start date", which is detailed on the reverse side of this contractual document. This date signifies the commencement of our professional engagement.
The project is expected to reach completion on or before a predetermined deadline. The adherence to this timeline is of utmost importance in this agreement, reflecting our commitment to timely and efficient service.
In the event of delays resulting from factors outside the control of Nice Guy Concrete, such as adverse weather conditions, unanticipated material shortages, or other unforeseeable circumstances, the project timeline may require extensions. These adjustments will be subject to mutual agreement with the owner, ensuring flexibility and understanding in response to external challenges.
To initiate the engagement, a deposit is required from the owner. This deposit is crucial in securing the commencement of work and is utilized to cover the initial outlay for materials and labor costs. This financial commitment serves as a testament to the owner's intent to proceed.
It is expressly understood that all deposits made to Nice Guy Concrete are non-refundable. The act of depositing these funds signifies the owner's unambiguous commitment to engage in the project and acknowledges the preparatory steps undertaken by Nice Guy Concrete in reliance on this commitment.
Contractor (Nice Guy Concrete): Our responsibilities encompass providing all necessary labor, tools, and materials essential for the execution of the project. We strictly adhere to the safety regulations and laws of Ontario. Additionally, we undertake the responsibility of obtaining all necessary permits for the work. Upon completion, we guarantee the cleanliness and orderliness of the site.
Owner: The owner is obliged to ensure unhindered access to the work site and provide essential utilities such as water and electricity. Moreover, the owner is responsible for the financial coverage of costs related to the acquisition of permits and licenses. The owner must also prepare the site in accordance with the specific guidelines laid out by Nice Guy Concrete, which is pivotal for the smooth execution of the project.
The owner is mandated to maintain comprehensive property insurance for the entire duration of the project and the work undertaken by Nice Guy Concrete. This insurance should adequately cover all potential risks associated with the construction process.
Nice Guy Concrete offers a limited warranty of 1 year, which is designed to cover specific types of damages that could arise from our work. This warranty, however, excludes general wear and tear, weathering, misuse, accidental damage, structural changes, and other external factors beyond our control. It is the owner's responsibility to understand these exclusions.
Inherent characteristics of concrete, such as cracks or cracking, are not covered under this warranty. We recognize that concrete is a material that may display such features over time, which are often the result of environmental factors, settling, thermal dynamics, and the natural curing process. Should such conditions arise, Nice Guy Concrete offers crack repair services, available to the owner at an additional cost.
Concrete as a material is inherently susceptible to cracking over time, a phenomenon that can result from various natural factors. These include the settling of the ground beneath the concrete, variations in climate, thermal expansion and contraction, as well as the inherent properties of the concrete curing process. It is important for the owner to understand that such cracking is a normal occurrence and does not necessarily indicate defective materials or poor workmanship.
As such, Nice Guy Concrete disclaims liability for any cracks that manifest in the concrete post-completion of the project. This disclaimer extends to both minor, hairline cracks that are often barely noticeable, as well as larger cracks that might appear due to environmental and structural factors beyond our control.
The owner acknowledges and accepts the inherent risks associated with concrete surfaces. This includes the recognition that concrete surfaces, particularly those that are stamped or treated in certain ways, may present increased slipperiness under various conditions. This is a natural characteristic of concrete surfaces, and the owner's awareness and acceptance of this risk are crucial.
In areas where salt or chemical deicers are commonly used during winter months, it is important for the owner to understand that the application of these substances on concrete surfaces can lead to significant deterioration and damage. This includes, but is not limited to, surface discoloration, increased wear, and the potential for accelerated degradation of the concrete.
Any damage to the concrete surface resulting from the use of salt or chemical deicers, whether through direct application or indirect transfer, falls outside the scope of the warranty provided by Nice Guy Concrete.
The use of snowblowers and other mechanical equipment for snow removal on concrete surfaces carries with it the inherent risk of causing physical damage to the surface. This can include, but is not limited to, chipping, scratching, or other forms of surface impairment that might occur as a result of the mechanical action of these devices.
Nice Guy Concrete explicitly states that any damage to the concrete surface resulting from the use of snowblowers or similar mechanical snow removal equipment is not covered under the provided warranty.
In the course of conducting business, Nice Guy Concrete adheres to a policy of limited liability. This means that our liability for damages, whether direct or indirect, that might arise in the context of our work is restricted to a specific monetary value. This value is predetermined and is either equivalent to the total contract value or another specified amount. This limitation is in alignment with the laws and regulations of Ontario.
This limitation of liability encompasses all forms of damages that the owner might seek to claim, including, but not limited to, direct damages that are immediately attributable to the work performed, as well as indirect or incidental damages that might arise as a consequence of the work.
The owner agrees to indemnify, or compensate, Nice Guy Concrete for any claims, damages, or losses that might arise as a result of the owner's negligence or failure to adhere to the terms of this agreement. This includes, but is not limited to, situations where the owner has failed to provide the necessary access or utilities as stipulated, or where the owner's negligence leads to damage or loss.
The primary method of dispute resolution agreed upon is through mediation or arbitration. These forms of dispute resolution are often more expedient and cost-effective than traditional legal proceedings and provide a means for both parties to come to a mutually acceptable resolution.
It is agreed that any disputes arising from this agreement will be subject to the jurisdiction of Ontario. This means that any mediation or arbitration processes will be conducted in accordance with the laws and legal standards of Ontario.
The term "Force Majeure" refers to extraordinary events or circumstances that are beyond the control of either party involved in this agreement and which prevent one or both parties from fulfilling their contractual obligations. Common examples include natural disasters, wars, strikes, or governmental actions.
Neither party will be held liable for any failure to perform their respective duties due to such unforeseen and uncontrollable events.
Nice Guy Concrete commits to adhering strictly to all relevant legal requirements and regulatory standards. This adherence encompasses local bylaws, provincial (Ontario) statutes, and federal regulations applicable to the construction and concrete industry.
Termination by Contractor (Nice Guy Concrete): The contractor maintains the right to terminate the contract under specific conditions, including instances of non-payment, restricted site access, or significant alterations to the project scope without formal written agreement. In these events, Nice Guy Concrete is entitled to compensation covering all work completed to date, full reimbursement for materials and incurred expenses, and an additional reasonable termination fee.
Termination by Owner: The owner's right to terminate the contract is permissible only under exceptional and unforeseen circumstances. This termination requires a minimum 30-day advance written notice. Following such termination, the owner is obligated to compensate Nice Guy Concrete for all work executed, cover all non-refundable expenses incurred, and provide compensation for any anticipated profit loss.
Warranty claims, to be eligible for consideration, must be formalized through written communication within a clearly defined period immediately following the discovery of any pertinent issues. This process ensures timely and efficient handling of any warranty-related matters.
Any amendments, alterations, or modifications to this contract will be recognized as legally binding only if they are executed in written form and duly signed by both contractual parties. This clause negates the validity of any verbal agreements or informal understandings.
This document embodies the totality of the agreement between Nice Guy Concrete and the owner, effectively superseding and nullifying all prior negotiations, discussions, and informal agreements. This comprehensive agreement forms the definitive basis for the contractual relationship.
In proceeding with this agreement, the owner acknowledges full acceptance and agreement to the terms and conditions outlined herein. This includes an understanding and acceptance of the limitations of the warranty provided by Nice Guy Concrete and a recognition of the inherent characteristics and potential variability of concrete work as executed by the contractor.