Terms & Conditions

Terms & Conditions

By approving our estimate, the Client agrees to the following Terms & Conditions, which govern the services provided by 15020034 Canada Inc. (The General Consultant).

Acceptance of Estimate

By approving the estimate, the Client acknowledges that this Agreement becomes legally binding. The estimate and these Terms & Conditions form the complete contract.

Permits and Approvals

Unless otherwise stated, the Client is responsible for obtaining necessary permits. The Contractor can assist with permit applications for an additional fee.

Work Schedule

The Contractor will make reasonable efforts to complete the work within the estimated timeframe. However, delays may occur due to material availability, weather, or unforeseen issues.

Site Conditions

The Client is responsible for ensuring the work area is free from obstacles, including personal property, hazardous materials, and debris.

Changes to Scope of Work

Any additional work requested by the Client will be subject to a written change order and additional charges.

Warranty Terms

The workmanship warranty covers defects caused by improper installation. It does not cover damages due to weather, misuse, or third-party modifications.

Force Majeure

The Contractor shall not be held liable for delays caused by acts of nature, government actions, pandemics, or other events beyond our control.

Service Provision

The General Consultant agrees to provide labour, supervision, and materials as outlined in the estimate.

Sub-Trades

The Contractor will employ sub-trades as necessary for the performance of the work. The Contractor assumes responsibility for all provisions of subcontracts but maintains no direct contractual relationship between the Owner and any sub-trades.

Project Timeline

The General Consultant agrees to complete the project in a timely manner. However, the Client understands that project timelines are subject to change due to weather conditions, unforeseen circumstances, or material availability. Any significant delays will be communicated promptly to the Client.

Substantial Completion

Substantial Completion means the work has progressed sufficiently for the intended use, including the issuance of any necessary occupancy permits. Delays due to circumstances beyond the Contractor’s control (e.g., labour disputes, material shortages, weather conditions) will be excusable and may result in timeline adjustments, but not penalties.

Time Limits and Excusable Delays

All time limits stated in this Contract are of the essence. Notwithstanding the foregoing, any delay in Substantial Completion or Full Completion of the Work (as the case may be) in accordance with the Contract Documents will be considered an excusable delay if arising from causes beyond the Contractor’s control and not reasonably foreseeable by the Contractor with the use of the Contractor’s best professional efforts. Excusable delays include but are not limited to such events as labour disputes, unavailability of materials, delays in obtaining a permit, fire, natural disaster, unfavourable weather conditions, delays (other than delays arising out of Contractor’s breach of this Contract) by, or breach by any sub trades; or any delay by Owner of processing proposed changes, delays resulting from inaccuracies in information provided by the Owner, or delays resulting from any additional work that does not included on the scope of job.

Extension Grants

In the event of the occurrence of an excusable delay, the Owner shall grant appropriate extensions to cover such periods of delay. Owner shall have no obligation to grant extensions if delays were not excusable delays, or otherwise resulted, directly or indirectly, from the Contractor’s breach of this Contract. Where a delay occurs, the Contractor must inform the Owner at the earliest possible date of such occurrence, of the reason for the delay and anticipated amended dates of completion.

Contract Cancellation

The Contractor and Owner agree that should the Contractor not be able to commence the Work within 15 days from the commencement date specified in this Section, due to causes beyond the Contractor’s control such as inability to obtain a building permit, then the Contractor or the Owner may cancel the Contract on written notice mailed to or delivered to the address of the other party shown in this Contract. The Contractor’s liability to the Owner shall be limited to the refund of any monies paid by the Owner to the Contractor, less any cost incurred by the Contractor as previously agreed to by the Owner as specified below.

Delays & Extensions

The Contractor is not liable for delays caused by:

  • Permitting delays, material shortages, labour disputes, extreme weather, or Client-requested changes.
  • If delays occur, the Contractor must notify the Client as soon as possible with an adjusted timeline.

Payment Schedule

  • A 10% deposit is required upon acceptance of this contract.
  • Remaining balance is due as per payment milestones in the estimate.
  • All invoices must be paid within 15 days of issuance.

Late Payment & Interest Charges

  • If payment is not received within 15 days, a late interest of 2% per month (24% annually) will be applied.
  • If an invoice remains unpaid for 30 days, the Contractor may pause work until full payment is received.

Collections & Lien Rights (Updated for 2025 Ontario Compliance)

  • If an invoice remains unpaid for 60 days, it will be sent to a collections agency.
  • Additionally, a lien will be registered against the Client’s property under the Ontario Construction Act.
  • Clients cannot sell or refinance their property until the lien is resolved.

Payment Mode

  • Certified Cheque issued under 15020034 Canada Inc
  • Certified Cheque issued under The General Consultant
  • Cash
  • Credit cards
  • Debit Cards
  • Online Banking
  • Interac E-transfer made to admin@thegeneralconsultant.ca

Please be aware that our online payment gateway incurs a standard fee of 2.99% per transaction. It’s important to note that we do not take any commission for these charges; they are solely associated with the payment processing service.

All payments are subject to applicable legislation and shall be made in accordance with the provisions of this Contract and the provisions of any applicable legislation. All payments must be made to the Contractor. Any payment to a subcontractor is not deemed a payment to the Contractor.

If the owner defaults in the performance of any obligation under this agreement, then the contractor may declare the principal amount owing and interest due under this agreement immediately due and payable.

Change Orders & Additional Work

The Owner may make changes by altering, adding to, or deducting from the Work, with the Contract and Contract Price being adjusted accordingly. Changes to the Work require an e-mail communication and are agreed upon by both the Owner and the Contractor.

  • Any changes must be agreed in writing via email before execution.
  • Any additional costs due to Client-requested modifications or unforeseen site conditions will be invoiced separately.

Legal Compliance & Insurance

Prior to commencing the Work, the Contractor agrees to provide, maintain, and pay for insurance during the time the Work is being performed, including commercial general liability in the minimum amount of $5,000,000 against claims for damages for personal injury or property damage by reason of anything done or not done by the Contractor, its employees or agents, in connection with the performance of this Contract. The Contractor will also provide proof of automobile liability insurance. The Contractor is responsible for all materials on site provided by the Contractor for the Work in this Contract until installed.

  • The Contractor will maintain $5,000,000 in commercial general liability insurance.
  • The Contractor will provide proof of WSIB (Workers’ Compensation) compliance.
  • The Contractor agrees to follow Ontario Building Code, Occupational Health & Safety Act, and all other applicable laws.

Compliance with Worker’s Compensation and Other Laws

  • The Contractor agrees to provide evidence of compliance by the Contractor’s own company and any of the Contractor’s subcontractors with all requirements for registration and payments due under the province’s workers’ compensation statute.
  • The Contractor also agrees to comply with all laws, ordinances, rules, regulations, codes and orders in force during the performance of the Contract which relate to the preservation of public health or construction safety.

Other Contractors

  • Owner reserves the right to let separate contracts in connection with the Work or to do certain work by Owner’s own forces as specified in the scope of Work.

Warranty & Defects

The Contractor agrees to undertake all Work diligently in a good and workmanlike manner, in accordance with good quality residential/commercial standards and practices, and in compliance with any applicable Building Code and all other authorities having jurisdiction.

The Owner accepts that there may be inconveniences from time to time, and the Contractor agrees to keep such inconveniences to a reasonable minimum. It is the responsibility of the Owner to take reasonable steps to provide a work area free of household obstructions and to remove or protect household items in areas where it may be reasonably anticipated by the Owner that they may be subject to dust, damage or vibrations.

The Contractor agrees the Contractor shall clean the property and leave it fit for use. All equipment, materials, rubbish and similar material incidental to the project shall be removed by the Contractor.

The Contractor shall correct, at its own expense, any defects in the work due to faulty materials and/or workmanship pursuant to this Contract for a period of 12 months from the date of Full Completion.

The Owner shall give the Contractor written notice of such defects within a reasonable time, and in any event within the warranty period.

Special conditions limiting/affecting this warranty are damages to material supplied by the owner.

The Contractor will convey to the Owner any warranties by manufacturers or suppliers on individual materials, products or systems supplied by the Contractor under this Contract.

The Contractor does not warrant labour and/or materials supplied by the Owner or the Owner’s subcontractors. The Contractor shall protect the Work, the Owner’s property and the property of third parties from damage occasioned by the performance of its obligations under the Contract Documents.

  • The Contractor will correct defects due to faulty materials or workmanship for 12 months from project completion.
  • The Client must notify the Contractor in writing of any warranty claims.
  • The warranty does not cover damages from Client negligence or third-party modifications.

Dispute Resolution

The Owner and the Contractor agree that in the event of a dispute as to the interpretation of this Contract or the extent of the Work, the issues shall be submitted to arbitration as agreed to by both parties or under the province’s arbitration statute.

  • Any dispute must first be resolved through negotiation.
  • If unresolved, disputes will be submitted to arbitration under the Ontario Arbitration Act, 1991.

Default & Termination

Default by Client

In the event that (a) the Owner does not perform its obligations under this Contract in accordance with the terms of this Contract and has not corrected the default within 15 days of written notice by the Contractor, or (b) the Owner becomes bankrupt or makes a general assignment for the benefit of its creditors, or if a receiver of the Owner is appointed, or (c) if the Work is stopped as a result of a court order, then the Contractor may cease work and treat the contract as repudiated forthwith on the occurrence of such default. In such event, an accounting shall be made between the Owner and the Contractor, and the Contractor shall be entitled to payment for such parts of the Work as are completed at the time of default.

If the Client:

  • Fails to make payments,
  • Refuses access to the worksite,
  • Fails to meet contractual obligations,

The Contractor may terminate work immediately and claim outstanding payments and damages.

Default by Contractor

In the event that (a) the Contractor does not perform the Work in accordance with the terms of this Contract and has not corrected the default within 15 days of written notice by the Owner, or (b) the Contractor becomes bankrupt or makes a general assignment for the benefit of its creditors, or if a receiver of the Contractor is appointed, then the Owner may finish the Work in accordance with the plans and specifications as the Owner may deem expedient, but without undue delay or expense. In such event, the Contractor shall not be entitled to any further payment under this Contract, but upon completion of the Work, an accounting shall be made between the Owner and the Contractor. If the unpaid balance on the Contract Price shall exceed the expense of finishing the Work, the Owner shall pay the Contractor for such parts of the Work as were payable or completed at the time of the default. However, if such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner.

If the Contractor:

  • Fails to complete work as agreed (excluding excusable delays),
  • Becomes insolvent,
  • Breaches contract terms,

The Client may terminate the contract and hire another contractor to complete the work.

Marketing & Signage

The client agrees to permit the Contractor to display a sign on the project site until completion.

This Contract shall not be assigned, in whole or in part, without the prior written consent of the other party, which consent will not be unreasonably withheld or delayed.

This Contract shall be governed by and construed under the laws of the province in which the project is situated and supersedes all prior communications and agreements. There are no other terms outside of this Contract.

The Contractor assures that there is not now any claim, action, contract, rule, or other circumstance which may interfere with the Contractor’s ability to perform its obligations under this contract.

  • The Contractor may use photos of the completed project for marketing purposes, provided no personal identifying details of the Client are included.