Stipulated price subcontract conditions
SCC 1 DEFINITIONS
1.1 Contract Documents
The Contract Documents are those documents comprising the Price Contract Between the Owner and the Contractor and conditions defined therein.
1.2 Subcontract Documents
The subcontract Documents consist of the executed Subcontract Agreement and the documents as listed in Article I of some or such other provisions as agreed upon between the parties.
1.3 Owner, Architect, Contractor and Subcontractor
The Owner, Architect, Contractor and Subcontractor are the persons, firms or corporations identified as such in the Subcontract Agreement and referred to throughout the Subcontract Documents as if singular in number and masculine in gender. The term Owner, Architect, Contractor, and Subcontractor means the Owner, Architect, Contractor and Subcontractor or their authorized representative.
A Sub-subcontractor is a person, firm or corporation having a direct contract with the Subcontractor to perform a part or parts of the Work included in the Subcontract, or to supply products worked to a special design according to the Subcontract Documents but does not include one who merely supplies products not so worked. The term Sub-subcontractor is referred to throughout the Subcontract Documents as if singular in number and masculine in gender.
1.5 The Project
The project is the total construction of which the Work performed under the Contract Documents may be the whole or a part.
1.6 The Work
The term the Work means the total construction required by the Subcontract Documents and includes all labour, products and services.
The term Product means all material, machinery, equipment and fixtures forming the completed Work required by the Subcontract Document but does not include machinery and equipment use for preparation, fabrication, conveying and erection of the Work and normally referred to as construction machinery and equipment.
1.8 Other Subcontractor
The term Other Subcontractor means a person, firm or corporation employed by or having a separate Subcontract directly with the Contractor for work other than that required by the Subcontract documents.
1.9 Other Contractor
The term Other Contractor means a person, firm or corporation employed by or having a separate Contract directly with the Owner for work other than that required by the Contract Documents.
1.10 Place of Building
The place of building is the designated site or location of the Project.
1.11 Law of the Subcontract
The law of the place of building shall govern the Subcontract.
1.12.1 The Subcontract Time is the time stated in Article II of the Subcontract Agreement for the performance of the Work.
1.12.2 The dates of Substantial and Total Performance of the Work are the dates certified by the Architect.
1.12.3 The term day so used in the Subcontract Documents shall mean the calendar day.
1.12.4 The term working day as used in the Subcontract Documents shall mean days other than Saturdays, Sundays, and holidays, which are observed by the construction industry in the area of the place of building.
1.13 Substantial Performance
Substantial Performance is as defined in the Mechanics' Lien legislation applicable to the place of building or if such legislation is not in force or does not contain such definition, substantial performance shall have been reached when the Work is ready for use or is being used for the purpose intended and is so certified by the Architect/Engineer.
1.14 Total Performance
Total Performance shall mean when the entire work has been performed to the requirements of the Subcontract Documents and is so certified by the Architect.
SCC 2 DOCUMENTS
2.1 The Subcontract documents are complementary, and what is required by any one shall be as bindings as if required by all.
2.2 The intent of the Subcontract Documents is to include the labour, products, and services reasonably necessary for the performance of the Work in accordance with these documents. It is not intended, however, that the Subcontractor shall supply products or perform work not consistent with, covered by or properly inferable from any of the Subcontract Documents.
2.3 Words, which have well known technical, or trade meanings are used in the Subcontract Documents in accordance with such recognized meanings.
2.4 In the event of conflicts between Documents the following shall apply:
2.4.1 Documents of later date shall govern,
2.4.2 Figured dimensions shown on a Drawing shall govern even through they may differ from scaled dimensions,
2.4.3 Drawings of larger scale shall govern over those of smaller scale of the same date,
2.4.4 Specifications shall govern over drawings,
2.4.5 The General Conditions of the Contract shall govern over specifications,
2.4.6 Supplementary General Conditions shall govern over the General Conditions of the Contract,
2.4.7 The Subcontract Agreement shall govern over all Subcontract documents.
2.5 The Subcontractor shall be provided without charge with as many copies of the Subcontract Documents or parts thereof as are reasonably necessary for the performance of the Work.
SCC 3 ADDITIONAL INSTRUCTIONS
3.1 During the progress of the Work the Contractor will furnish to the Subcontractor such additional instructions as may be necessary for the performance of the Work. All such instructions shall supplement the Subcontract Documents and shall be consistent with the intent of the Subcontract Documents.
3.2 Additional instructions may include minor changes to clarify the work, which affect neither the Subcontract Price nor the Subcontract Time.
3.3 Additional instructions may be in the form of, drawings, samples, models of other written instructions.
3.4 Additional instructions will be issued by the Contractor with reasonable promptness and in accordance with a schedule agreed upon for such instructions.
SCC 4 CONTRACTOR-SUBCONTRACTOR
4.1 The Contractor shall decide on questions arising under the Subcontract, interpret the requirements therein and judge the performance thereof.
4.2 The Subcontractor shall notify the Contractor in writing immediately should be hold that a decision by the Contractor is in error and/or at variance with the Subcontract Documents.
4.3 If the question of error and/or variance is not resolved immediately, and the Contractor decides that the disputed work shall be performed, the Subcontractor shall act according to the Contractor's written decision. Any questions of change in Subcontract Price and/or extension of Subcontract Time due to such error and/or variance shall be decided as provided in SCC 13 Settlement of Disputes.
SCC 5 DELAYS
5.1 If the Subcontractor is delayed in the performance of the Work by an act or neglect of the Owner, Architect or Contractor or employee of any one of them, then the Subcontract Time shall be extended for such reasonable time as the Contractor may decide in consultation with the Subcontractor.
5.2 If the Subcontractor is delayed in the performance of the Work by a Stop Work Order issued by a court or other public authority and providing that such order was not issued as the result of any act or fault of the Subcontractor or anyone employed or engaged by him directly or indirectly, then the Subcontract time shall be extended for such reasonable time as the Contractor and the Subcontractor may agree that the Work was delayed and the Subcontractor shall be reimbursed for reasonable costs incurred by him as the result of such delay.
5.3 If the Subcontractor is delayed in the performance of the Work by labour disputes, strike, lock-outs (including lock-outs decreed or recommended for its members by recognized Contractor's Associations of which the Subcontractor is a member) fire, unusual delay by common carriers or unavoidable casualties or, without limit to any of the foregoing, by any cause beyond the Subcontractor's control, then the Subcontract Time shall be extended for such reasonable time as mutually decided by the Contractor and Subcontractor.
5.4 In addition and without limit to the foregoing, the Subcontract Time may be extended for any cause within the Subcontractor's control, which the Contractor shall decide as justifying a delay for such reasonable time as the Contractor may decide.
5.5 No extension shall be made for delay unless written notice of claim is given to the Contractor within seven (7) days of its commencement, providing however, that in the case of a continuing cause of delay only one notice of claim shall be necessary.
5.6 If no schedule is made under SCC 3 ADDITIONAL INSTRUCTIONS, no claim for delay shall be allowed because of failure to furnish instructions until fourteen (14) days after demand for such instructions has been made and not then unless such claim is reasonable.
SCC 6 CONTRACTOR'S RIGHT TO PERFORM WORK
6.1 If the Subcontractor should neglect to prosecute the Work properly or otherwise fails to perform any provisions of the Subcontract, the Contractor may notify the Subcontractor in writing that he is in default of his contractual obligations and instruct him to correct the default in the three (3) working days immediately following the receipt of such notice
6.2 If the work or action stated in such notice as requiring correction cannot be completed within the three (3) working days specified, the Subcontractor shall be considered to be in compliance with the Contractor's instructions if he commences such work or action within the specified time, provides the Contractor with an acceptable schedule for performance, and proceeds to perform in accordance with such schedule.
6.3 If the Subcontractor fails to comply with the provision of 6.1 and 6.2 the Contractor may, without prejudice to any other right or remedy he may have, correct such default and may deduct the cost thereof from the payment then or thereafter due the Subcontractor.
SCC 7 CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE THE SUBCONTRACT
7.1 If the Subcontractor should be adjudged bankrupt or makes a general assignment for the benefit of creditors because of his insolvency or if a receiver is appointed because of his insolvency, the Contractor may, without prejudice to any other right or remedy he may have, by giving the Subcontractor written notice, terminate the Contract.
7.2 The Contractor may notify the Subcontractor in writing that he is in default of his contractual obligations if the Subcontractor:
7.3 Refuses or fails to supply properly skilled workmen or proper workmanship, products or construction machinery and equipment, for the scheduled performance of the Work, except in those cases provided in SCC 5 DELAYS; or
7.4 Fails to make payments due to his sub-subcontractors, his suppliers or his workmen; or
7.5 Persistently disregards laws or ordinance, or the Contractor's instructions; or
7.6 Otherwise violates the provisions of the Subcontract to substantial degree.
7.7 If the work or action stated in such notice as requiring correction cannot be completed within the three (3) working days specified, the Subcontractor shall be considered to be in compliance with the Contractor's instructions if he commences such work or action within the specified time, provides the Contractor with an acceptable schedule for performance, and proceeds to perform in accordance with such schedule.
7.8 If the Subcontractor fails to correct the default within the time specified or subsequently agreed upon, the Contractor may, without prejudice to any other right or remedy he may have, stop the work or terminate the Subcontract subject to the provisions of SCC 7.3.
7.9 If the Contractor terminated the Subcontract under the conditions ser out above, he shall be entitled to:
7.10 Take possession of the Subcontractor's products and utilize the Subcontractors construction machinery and equipment, the whole subject to the rights of third parties, and to finish the Work by whatever method he may deem expedient but without undue delay or expense, and
7.11 Withhold any further payments to the Subcontractor until the Work is finished, and
7.12 Upon Total Performance of the Work, charge the Subcontractor the amount of which the full cost of finishing the Work and a reasonable allowance to cover the cost of any corrections required by SCC 17- WARRANTY exceeds the unpaid balance of the Subcontract Price: or if such cost of finishing the Work is less than the unpaid balance of the Subcontract Price, pay the Subcontractor the difference, and
7.12.1 On expiry of the Warranty period, charge the Subcontractor the amount by which the cost of corrections under SCC 27 Warranty exceeds the allowance provided for such corrections, or if the cost of such corrections is less than the allowance, pay the Subcontractor the difference.
SCC 8 SUBCONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE THE SUBCONTRACT
8.1 If the Contractor should be adjudged bankrupt or makes a general assignment for the benefit of creditors because of his insolvency or if a receiver is appointed because of his insolvency, the Subcontractor may, without prejudice to any other right or remedy he may have, by giving the Subcontractor written notice, terminate the Subcontract.
8.2 If the work should be stopped or otherwise delayed for a period of thirty (30) days or more under an order of any court, or other public authority, and providing that such Order was not issued as the result of any act or fault of the Subcontractor or any one directly or indirectly employed by him, the Subcontractor may, without prejudice to any other right or remedy he may have, by giving the Contractor written notice, terminate this Subcontract.
8.3 The Subcontractor may notify the Contractor in writing that the Contractor is in default of his contractual obligations if the Contractor should fail to pay the Subcontractor in accordance with the time for payment stated in Article IV of the Agreement. Such written notice shall advise the Contractor that if such default is not corrected within five (5) working days from the receipt of the written notice the Subcontractor may, without prejudice to any other right or remedy he may have, stop work and/or terminate this Subcontract.
8.4 If the Subcontractor terminates the Subcontract under the conditions set out above, he shall be entitled to be paid for all work performed and for any loss sustained upon products and construction machinery and equipment with reasonable profit and damages.
8.5 If the Prime Contract is terminated for any reason, the Contractor or the Subcontractor may terminate this Subcontract upon written notice to the other. Thereafter the respective right of the parties shall be as if the Subcontract had terminated under any of the above conditions.
SCC 9 OTHER SUBCONTRACTORS
9.1 The Contractor reserves the right to let separate Subcontracts in connection with the Project of which the Work is a part.
9.2 The Contractor shall coordinate the work and insurance coverage's of Other Subcontractors as it affects the Work of the Subcontract.
9.3 The Subcontractor should coordinate his work with that of Other Subcontractors and Other Contractors.
9.4 The Subcontractor shall report in writing to the Contractor any apparent deficiencies in Other Subcontractors' work and/or other Contractors, which would affect the Work of this Subcontract and shall not proceed until correction or adjustments have been made. Failure by the Subcontractor to so report shall invalidate any claims against the Contractors except as to those of which he was not reasonably aware.
9.5 The Contractor shall take all reasonable precautions to avoid labour disputes on the Project arising from the work of Other Subcontractors.
SCC 10 ASSIGNMENT
10.1 Neither party to the Subcontract shall assign the Subcontract Agreement or a portion thereof without the written consent of the other, which consent shall not be unreasonably withheld.
SCC 11 SUB-SUBCONTRACTORS
11.1 The Subcontractor agrees to preserve and protect the right of the parties under the Subcontract with respect to work to be performed under the Sub-subcontract. He therefore agrees to:
- require his Sub-subcontractors to perform their work in accordance with and subject to the terms and conditions of the Subcontract Documents, and
be as fully responsible to the Contractor for acts and omissions of his Sub-subcontractors and of persons directly or indirectly employed by them as for acts and omissions of persons directly employed by him.
The Subcontractor therefore agrees that he will incorporate the terms and conditions of the Subcontract Documents into all Sub-subcontract Agreements he enters into with his Sub-subcontractors.
11.2 The Subcontractors agrees to employ those Sub-subcontractors proposed by him in writing and accepted by the Contractor prior to the signing of the Subcontract for such portions of the work as may be designated in the bidding requirements.
11.3 The Contractor may, for reasonable cause, object to the use of a proposed Sub-subcontractor and require the Subcontractor to employ one of the other Sub-subcontract bidders.
11.4 In the event that the Contractor requires a change from a proposed Sub-subcontractor the subcontract price shall be adjusted by the difference in cost occasioned by such required change.
11.5 The Subcontractor shall not be required to employ as a Sub-subcontractor a person or firm to whom he may reasonably object.
11.6 The Contractor may, upon reasonable request and at his discretion, provide to a Sub-subcontractor information as to the percentage of the Sub-subcontractor's work, which has been certified, for payment.
11.7 Nothing contained in the Subcontract Documents shall create any contractual relationship between any Sub-subcontractor and the Contractor.
SCC 12 EMERGENCIES
12.1 The Contractor and/or the Architect/Engineer have authority in an emergency to stop the progress of the Work whenever in their opinion such stoppage may be necessary to ensure the safety of life or the Work, or neighbouring property. The Contractor has authority to make changes in the Work, and to order, assess and award the cost of such work, extra to the Subcontract or otherwise, as may in his opinion be necessary, and shall confirm any such instructions in writing within two (2) working days.
SCC 13 SETTLEMENT OF DISPUTES
13.1 In the case of any dispute arising between the Contractor and the Subcontractor as to their respective rights and obligations under the Subcontract, either party hereto shall be entitled to give to the other notice of such dispute. In the event that the parties agree to submit such disputes to arbitration either party may thereupon request arbitration pursuant to such provisions. In the event that no provision as the circumstances may require.
13.2 Arbitration proceeding or legal proceedings shall not take place until after the performance or alleged performance of the disputed work except:
- When the dispute concerns a certificate for payment,
Where either party can show that the matter in dispute requires immediate consideration while evidence is available,
In the case of legal proceeding, where the action may become prescribed by reason of delay.
13.3 Should any dispute arise between the Contractor and the Subcontractor in any way pertaining to this Subcontract which is similar or related to a dispute between the Owner and the Contractor, such dispute shall be disposed of in the manner, by the same Board or by the same Court, at the same time, in the same hearing as the dispute is to be disposed of as agreed between the Owner and the Contractor.
SCC 14 INDEMNIFICATION
14.1 The Subcontractor shall indemnify the Contractor, the Architect/Engineer and the Owner and save them harmless from all claims and judgments for injury to or death of persons or damage to property (including cost of litigation and attorney's fees) made or obtained against the Contractor or the Owner by third persons (including the Subcontractor's employees and agents) based on injuries to persons or damage to property, including the Subcontractor's automobiles, tools, equipment, or other property in any manner caused by, resulting or arising from the performance of this Subcontract or the presence of the Subcontractor's employees and/or agents on the work site.
SCC 15 CASH ALLOWANCES
15.1 The Subcontract Price includes all Cash Allowances specified to be included by the Subcontractor.
15.2 Cash Allowances, unless otherwise specified, cover the net cost to the Subcontractor of all services, products, construction machinery and equipment, freight, unloading, handing, storage, installation and other authorized expenses incurred in performing the work stipulated under the cash allowances.
15.3 The Subcontract Price, and not the Cash Allowance, includes the Subcontractor's overhead and profit in connection with such cash allowances
15.4 Where costs under a Cash Allowance exceed the amount of the allowance, the Subcontractor shall be compensated for any excess incurred and substantiated plus an allowance for overhead and profit as set out in the Contract Documents.
15.5 The Subcontract Price shall be adjusted by written order to provide for any excess or deficit to each Cash Allowance in accordance with SCC 16 CHANGES IN THE WORK.
SCC 16 CHANGES IN THE WORK
16.1 The Contractor, without invalidating the Subcontract, may make changes by altering, adding to, deducting from the Work, with the Subcontract Price and the Subcontract Time being adjusted accordingly.
16.2 Except as provided in SCC 12 EMERGENCIES, no change shall be made without a written order from the Contractor and no claim for an addition or deduction to the Subcontract Price or change in the Subcontract Time shall be valid unless so ordered and at the same time valued or agreed to be valued as provided in SCC 17 VALUATION AND CERTIFICATION OF CHANGES IN THE WORK.
SCC 17 VALUATION AND CERTIFICATION OF CHANGES IN THE WORK
17.1 The value of a change shall be determined in one or more of the following methods or combination of same:
17.1.1 By estimate and acceptance in a lump sum;
17.1.2 By unit price set out in the Subcontract or subsequently agreed upon;
17.1.3 By cost and a fixed or percentage fee.
17.2 When a change in the Work is proposed or required, the Subcontractor shall present to the Contractor for approval his claim for any change in the Subcontract Price and/or change in Subcontract Time. The Contractor will satisfy himself as to the correctness of such claim, and, when approved, shall issue a written order to the Subcontractor to proceed with the change. The value of work performed in the change shall be included with the regular application for payment.
17.3 In the case of changes in the Work to be paid for under methods 17.1.2 and 17.1.3, the form of presentation of costs and methods of measurement shall be agreed to by the Contractor. The Subcontractor shall keep accurate records, as agreed upon, of quantities of cost and present an account of the cost of the change in the Work, together with vouchers where applicable.
17.4 If the method of valuation, measurement, and the change in Subcontract Price and/or change in Subcontract Time cannot be promptly agreed upon and the change is required to be proceeded with, then the Contractor will determine the method of valuation, measurement, and the change in and Subcontract Time subject to final determination in the manner set out in SCC 13 SETTLEMENT OF DISPUTES. In the case the Contractor will issue a written authorization for the change setting out the method of valuation and if by lump sum his valuation of the change in Subcontract Price and/or in Subcontract Time.
17.5 In the case of a dispute in the valuation of a change authorized in the Work and pending final determination of such value, both the Subcontractor and the Contractor may include the authorized amount with the regular applications for payment.
17.6 It is intended in all matters referred to above that both the Contractor and Subcontractor shall act promptly.
SCC 18 APPLICATION FOR PAYMENT
18.1 Application for payment on account as provided in Article IV of the Subcontract Agreement may be made as the Work progresses.
18.2 The Subcontractor shall submit to the Contractor before the first application for payment, a schedule of values of the various parts of the Work, aggregating the total amount of the Subcontract Price and divided so as to facilitate evaluation of application for payment.
18.3 The schedule shall be made out in such form, and supported by such evidence as to its correctness, as the Contractor may reasonable direct and when approved by the Contractor shall be used as the basis for application for payment, unless it be found to be in error.
18.4 When making application for payment, the Subcontractor shall submit a statement based upon this schedule. Claims for products delivered to the site but not yet incorporated into the Work shall be supported by evidence as the Contractor may reasonably require to establish the value and delivery of the product.
18.5 Application for release of holdback monies following Substantial and/or Total Performance of the Work shall be made at the time and in the manner set forth in ARTICLE IV of the Contract Agreement.
SCC 19 LAWS, NOTICES, PERMITS AND FEES
19.1 The laws of the place of building shall govern the work.
19.2 The Subcontractor shall obtain the permits, licences and certificates and pay the fees required for the performance of the Work of this Subcontract, which are in force at the date of tender submission (but this shall not include the obtaining of permanent casements or right of servitude).
19.3 The Subcontractor shall give the required notices and comply with the laws, ordinances, rules, regulations, codes and orders of all authorities having jurisdiction, relating to the Work if this Subcontract, to the preservation of the public health, and construction safety which are or become in force during the performance of the Work of this Subcontract.
19.4 If changes, which require modification (s) to the Subcontract Document, are made to any laws, ordinance, rules, regulations and codes by the authorities having jurisdiction subsequent to the date of tender submission, any resulting change in the cost shall constitute a corresponding change in the Subcontract Price subject to the approval of the Architect/Engineer. The Subcontractor shall notify the Contractor in writing requesting direction immediately any such variance or change is observed by him.
19.5 If the Subcontractor fails to notify the Contractor in writing and obtain his direction as required in paragraph SCC 19.4 and performs any work knowing it to be contrary to any laws, ordinances, rules, regulations, codes and orders of any authority having jurisdiction, the Subcontractor shall be responsible for and shall correct the violations thereof and shall bear the costs, expense and damages attributable to his failure to comply with the provisions of such laws, ordinances, rules, regulations, codes and orders.
SCC 20 PATENT FEES
20.1 The Subcontractor shall pay the royalties and patent licence fees required for the performance of the work of this Subcontract. He shall hold the Contractor harmless from and against claims, demand, losses, costs, damages, actions, suits, or proceeding arising out of the subcontractor's performance of the Work of this Subcontract, which is attributable to an infringement or an alleged infringement of any patent or invention by the Subcontractor or anyone for whose acts he may be liable.
20.2 The Contractor shall hold the Subcontractor harmless against claims, demand, losses, costs, damages, actions, suits, or proceedings arising out of the Subcontractor's performance of the Work of this subcontract which are attributable to an infringement or an alleged infringement of any patent or invention in executing anything for the purpose of this Subcontract, the model, plan or design of which was supplied to the Subcontractor by the Contractor.
SCC 21 WORKMEN'S COMPENSATION
21.1 At any time during the term of this Subcontract when requested by the Contractor, the Subcontractor shall provide such evidence of compliances by himself and any or all of his Sub-subcontractors with all requirements of the Province of Territory of the plane of building with respect to payments due under the Workmen's Compensation Act.
SCC 22 LIABILITY INSURANCE
22.1 The subcontractor shall provide and maintain at his expense with an insurance company or companies, in a form and amounts acceptable to the Contractor, Comprehensive General Liability Insurance, Automobile Liability Insurance, and Aircraft and watercraft Liability Insurance as may be applicable (including owned, non-owned and/or hired units). Such insurance shall apply to all injuries to persons or damage of property of others arising from the operations of the subcontractor. The extent of this insurance coverage required shall be in accordance with the specified requirements for same.
SCC 23 PROPERTY INSURANCE
23.2 The Contractor/Owner will arrange for and maintain Property Insurance. It is the responsibility of the subcontractor to satisfy himself as to the adequacy of such insurance.
23.3 The Subcontractor and his Sub-subcontractor shall be responsible for any deductible amounts under the policies as may be applicable to their operations and as established at the time of tendering.
SCC 24 PROTECTION OF WORK AND PROPERTY
24.1 The Subcontractor shall be responsible for the protection of his own work and shall take all reasonable precautions to protect the Work and property of others during the performance of his work.
24.2 The Contractor shall be responsible for the overall protection of the Project. If the subcontractor's or others work is damaged, the Contractor shall accept such assessment or process it as a dispute.
SCC 25 DAMAGES AND MUTUAL RESPONSIBILITY
25.1 If either party to this Subcontract should suffer damage in any manner because of any wrongful act or neglect of the other party or of anyone employed by him, then he shall be reimbursed by the other party for such damage. The party reimbursing the other party shall be subrogated to the rights of the other party in respect of such wrongful act or neglect if it be that of a third party.
25.2 Claims under this SCC shall be made in writing to the party liable within reasonable time after the first observance of such damage and not later than the time limits stipulated in ARTICLE IV (g) of the Agreement, and maybe adjusted by agreement or in the manner set out in SCC 13-SETTLEMENT OF DISPUTES.
25.3 If the subcontractor has caused damage to an Other Subcontractor on the Work, the Subcontractor agrees upon due notice to settle with such Other Subcontractor by agreement or arbitration, if he will so settle. If such Other Subcontractor's sues the Contractor on account of any damage alleged to have been so sustained, the Contractor shall notify the Subcontractor and may require the Subcontractor to defend the action at the Subcontractor's expense. If a final order or judgement against the Contractor arises there from, the Subcontractor shall pay or satisfy it and pay the costs incurred by the Contractor.
25.4 If the Subcontractor becomes liable to pay or satisfy a final order, judgment or award against the Contractor then the Subcontractor, upon undertaking to indemnify the Contractor against any and all liability for costs, shall have the right to appeal in the name of the Contractor such final order or judgment to any and all court of competent jurisdiction
SCC 26 BONDS
26.1 Prior to the award of the Subcontract, the Contractor may require the Subcontractor to provide and maintain in good standing, bonds covering the faithful performance of the subcontract including the requirements of all warranties provided for in SCC 27- WARRANTY, and the payment of all obligations arising under the Subcontract.
26.2 All such bonds shall be issued by a duly incorporated surety company approved by the Contractor and authorized to transact a business of suretyship in the Province or Territory of the place of building. The form of such bonds shall be in accordance with the latest edition of the CCA approved forms.
26.3 If bonds are called for prior to the time of tender submission, the costs attributable to providing such bonds shall be included in the tender price.
26.4 Should the Contractor require the provision of a bond or bonds by the Subcontractor after the receipt of tenders for the Work, the Subcontract price shall be increased by all costs attributable to providing such bonds.
26.5 The Subcontractor shall promptly provide to the Contractor any bonds that are required.
SCC 27 WARRANTY
27.1 The Subcontractor shall correct, at his own expense, any defects in the Work due to faulty Products and/or workmanship appearing within a period of one year from the date of the Substantial Performance of the Work.
27.2 The Subcontractor shall correct and/or pay for any damage to other work resulting from any correction required under the conditions in 27.1.
27.3 Neither the Architect's final certificate nor payment hereunder shall receive the Subcontractor from his responsibility hereunder.
27.4 The Contractor shall give the Subcontractor written notice of observed defects promptly.
27.5 The Subcontractor shall be liable for the proper performance of the Work only to the extent that careful workmanship and proper implementation of the Subcontract Documents will permit and any warranty respecting the work and performance shall only be valid so far the design will permit such performance.
27.6 Nothing to this SCC shall be deemed to restrict any liability of the Subcontractor arising out of any law in force in the Province or Territory.
SCC 28 SUPERINTENDENCE
28.1 The Subcontractor shall keep on the Work-site, while his work is in progress, a competent and responsible person whom he shall designate to the Contractor and whom he shall not change without notice to the Contractor.
SCC 29 TEMPORARY SERVICES
29.1 Unless otherwise stipulated in the Contract Documents, the Contractor will provide and pay for all temporary water, power, and heat, general purpose lighting and toilet facilities but excluding those temporary services required for the Subcontractor's site office.
SCC 30 SUBSURFACE SOIL CONDITIONS
30.1 The Subcontractor shall promptly notify the Contractor in writing if in his opinion the subsurface condition at the project site differ materially from those indicated in the Subcontract Documents.
30.2 After prompt investigation, should the Contractor consider that condition do differ materially, he will, after receiving approval from the Architect/Engineer, issue appropriate instruction for changes in the Work in SCC 16 - CHANGES IN THE WORK.
SCC 31 USE OF PREMISES.
31.1 The Subcontractor shall confine his apparatus, the storage of products, and the operations of his workmen to limits indicated by laws, ordinances, permits or by directions of the Contractor and shall not unreasonably encumber the premises with products.
31.2 The Subcontractor shall not load or permit to be loaded any part of the Work (temporary or permanent) in such a way that will endanger the safety of the Work.
31.3 The Subcontractor shall enforce the Contractor's instruction regarding safety signs, advertisements, fires and smoking.
SCC 32 CLEANUP
32.1 The Subcontractor shall, at his own expense keep his work areas in a tidy condition and free from the accumulation of waste products and debris. He shall remove from the Work site all such waste products and debris caused by the Work of this Subcontract. Should he fail to perform these housekeeping requirements, the Contractor shall have the right, after due notice, to have the work performed by whatever means may be expedient and the Subcontractor agrees to pay all costs of such clean-up and removal of waste products and debris.
32.2 When the work of this Subcontract is totally performed, the Subcontractor shall remove all surplus products, tool construction machinery and equipment, and any waste products and debris and leave the Work in a clean and tidy condition to the satisfaction of the Contractor.
SCC 33 CUTTING AND REMEDIAL WORK
33.1 The Subcontractor shall do all cutting, fitting and remedial work that may be required to make the several parts of the Work of this Subcontract come together properly and to receive or be received by the Work of any others which is shown on or reasonably implied by the Subcontract Contract Documents.
33.2 The Subcontractor shall co-ordinate and schedule his Work to ensure that any cutting and remedial works is kept to a minimum.
33.3 The Subcontractor shall not cut, dig, box or sleeve any structural member so as to endanger existing work nor alter Other Contractor's or Subcontractor's Work without the Contractor's written consent, where such member, existing work or other work is apparent from the Subcontract Documents, reasonable examination or instruction of the Contractor.
33.4 Should the Owner or the Contractor or anyone employed by them be responsible for ill-timed work necessitating cutting and/or remedial work to be performed, the cost of such cutting and/or remedial work to be performed shall be borne by the party responsible.
33.5 Cutting and remedial work shall be performed by a specialist familiar with the materials affected and shall be performed in a manner to neither damage nor endanger the Work.
SCC 34 INSPECTION OF THE WORK
34.1 The Owner, the Architect/Engineer and the Contractor shall have access to the Work for inspection wherever it is in preparation or progress. The Subcontractor shall cooperate to provide reasonable facilities for such access.
34.2 If special tests, inspections or approvals are required by the Contract Documents, the Architects/Engineers instructions, or the laws or ordinances of the place of building, the Subcontractor shall give the Contractor timely notice requesting inspection. Inspection by the Architect/Engineer and/or the Contractor shall be made promptly.
34.3 If the Subcontractor covers of permits to be covered any of the Work that is subject to inspection or before any special tests, inspections or approvals are completed without the approval of the Contractor, the Subcontractor shall uncover such Work, have the inspections or tests satisfactorily completed and make good such Work at his own expense.
34.4 Examination of any questioned Work may be ordered by the Contractor. If such work be found in accordance with the Subcontract, the Contractor shall pay the cost of examination and replacement. If such work is found not in accordance with the Subcontract, through the fault of the Subcontractor, the Subcontractor shall pay such cost.
34.5 The Subcontractor shall furnish promptly to the Contractor two (2) copies of certificates and inspection reports relating to the Work.
SCC 35 REJECTED WORK
35.1 Defective work, whether the result of poor workmanship, use of defective products or damage through carelessness or other act or omission of the Subcontractor and whether incorporated in the Work or not, which has been rejected by the Consultant as failing to conform to the Subcontract Documents shall be removed promptly from the premises by the Subcontractor and replaced and/or re-executed promptly in accordance with the Subcontract Documents at the Subcontractor's expense.
35.2 Any portion of the Work or other Contractor's work destroyed or damaged by such removals or replacements shall be made good promptly at the Subcontractor's expenses.
35.3 If in the opinion of the Contractor it is not expedient to correct defective work done in accordance with the Subcontractor Documents, the Contractor, having obtained concurrence of such opinion from the Architect/Engineer, may deduct from the Subcontract price the difference in value between the Work as performed and that called for by the Subcontract Documents.
SCC 36 SHOP DRAWINGS
36.1 The term "shop drawing" means drawing, diagram, illustrations, schedules, performance charts, brochures and other data, which are to be provided by the Subcontractor to illustrate details of a portion of the work.
36.2 The Subcontractor shall arrange for the preparation of clearly identified shop drawings as called for by the Subcontract Documents or as the Contractor may reasonably request.
36.3 The Contractor shall determine the number of copies as may reasonably be required together with the procedure and schedule for transmittal of same, and the Subcontractor shall so supply shop drawing. At the time of submission, the Subcontractor shall notify the Contractor in writing of any deviations in the shop drawings from the requirements of the Subcontract Documents. No review of shop drawing shall relieve the Subcontractor of responsibility for errors or omissions in the shop drawings or of responsibility for meeting all requirements of the Subcontract Documents.
36.4 The Subcontractor shall make any change in shop drawings, which the Contractor may require consistent with the Subcontract Documents and resubmit unless otherwise directed by the Contractor. When resubmitting, the Subcontractor shall notify the Contractor in writing of any previsions other those requested by the Contractor.
SCC 37 SAMPLES
37.1 The Subcontractor shall submit for the Contractor's approval such standard manufacturers samples as the Contractor may reasonably require. Samples shall be labelled as to origin and intended use in the Work of this Subcontract and shall be conform to the requirements of the Subcontract Documents.
37.2 The Subcontractor shall provide samples of special products, assemblies, or components when so specified. The cost of such samples not specified shall be authorized as an addition to the Subcontract Price as provided in SCC 16-CHANGES IN THE WORK.
SCC 38 TEST AND MIX DESIGNS
38.1 The subcontractor shall furnish to the Contractor test results and mix designs as may be requested.
38.2 The cost of test and mix designs beyond those called for in the Subcontract Documents or beyond those by laws, ordinances, rules and regulations relating to the Work and the preservation of public health, shall be authorized as an addition to the Subcontract Price as provided in SCC 16-CHANGES IN THE WORK.