Dates Flashcards
Receipt of and addresses of notices in writing
+
Hand to hand, email, messenger
5 calendar days if mailed
same day (if work day) or next business day if sent at the end of the day
Role of the consultant Interpretations + findings must be made in how much time?
reasonable time
Applications for payment by CNTR?
CNTR submission of schedule of values?
monthly
+
15 calendar days (before first application of payment)
CO issue certificate of payment to → CNTR
10 calendar days
if CO does not agree with CNTR: O must write CNTR (if different amount) to
Signal disagreement in what delay?
Promptly
Contractor fails to comply w/requirements of the contract to a substantial degree, consultant makes formal notice; how many days for contractor de rectify the work ?
5 working days
CNTR → gives application of substantial performance → O + CO
How long for CO to verify validity of substantial performance?
20 calendar days
Owner shall pay accepted work (validated by certificate of payment) in what delay?
28 days max
CO + CNTR → set date for substantial performance
Immediate
Place holdback amount in joint account (O+CNTR) how many days before the expiry of the holdback period ?
10 calendar days
holdback prescribed by lien → payable CNTR (after expiration of holdback period stipulated by legislation)
10 working days
review application for final payment (by CNTR) → issue final → cert or payment
10 calendar days
if CO rejects final application for payment→ issue written notice to CNTR (reasons of rejection) (makes final visit)
Promptly in writing
O → pay the CNTR (after issuance of final cert of payment)
5 calendar days
CO → CNTR: written description in the form of a of proposed change in work CNTR → CO: will provide a method + time (adj contract $) in what delay ?
Promptly
O + CNTR → agree to adjustments (contract $ + time) → value included in application for payment in what delay ?
Promptly
O or CNTR → notice site conditions differ: concealed (subsurface) or other (not weather) (pre work start)
How long delay from first discovery must advise in writing to all parties ?
5 working days in writing
Concealed or unknown conditions:
CO → Investigate conditions → issue appropriate change instruction → CO or CD
Promptly
Delays:
No extension in contract time shall be made unless: notice in writing → given to consultant of valid reason (not fault of CNTR)
10 working days after the commencent of the delay
Delays:
No request of extension because of failure to provide SI until how many days after request ?
10 working days (after commencement of delays)
CO: makes claim for +$ contract price, or O: makes claim for credit
What kind of notice should be made for a claim ?
give timely notice for intent to make claim
Claims for a change in contract price:
CO: findings must be sent out to all parties. After having had made a judgment on the contract price
How many days after the receipt of the claim
30 working days
CNTR → fails to comply w/requirements contract (substantial degree) → CO (written statement to O+CNTR)
How many days to correct ?
5 working days to correct (immediately following notice in writing)
if work is suspended or delayed (under court or public authority) (not result of fault of contractor) how many days after the commencement of the delay can the contractor terminate the contract ?
20 working days and can terminate contract
CNTR → makes notice in writing if O in default of contractual obligations. How many days for the owner to correct after having received notice in writing?
Owner has 5 working days to correct
CCDC-40: parties shall appoint a project mediator (@bid closing)
20 working days within the contract being awarded
if a mediator was not appointed after bidding
10 working days after a party requests appointment of a mediator
Respondent sends notice in writing that not in agree with finding of Consultant, how many days to reply before considered that the finding is accepted?
10 working days (to dispute the position if not accepted)
an effort towards an amicable path is made after receipt of notice – the parties shall request mediation after
10 working days
if dispute not resolved → project mediator terminates mediated negotiations
10’ working days
CO will provider Supplemental Instructions within how long ?
Reasonable promptness
If the owner cannot correct the issue witting the 5 working days required to do so, what must he do?
Start working within the specified time, subit a schedule for the fixing, correct as per contract docs
If work is suspended or delayed (by an element outside the contractors power, not fault of - external force) ie suspended under court authority. How long until he has the right to suspend the contract?
20 working days
If the owner is in default, how long after he/she was receives written notice must they correct default?
5 working days, same as the contractor
CCDC 40 - parties shall appoint a mediator how many days after bid closing ?
20 working days (nobody does that shit)
If a mediator was not appointed after bid closing : how long after a party request an appointment with one?
10 working days
If a consultant were to come up with a finding, how long will a non answer be considered a yes ?
10 working days my G
If the respondent sends a notification in writing which is not in agreement with the finding, other party has how many days to contest?
10 working days
If a request for an amicable path is made, after how many working days shall a mediator be appointed
10 working days
If no agreement is made, project mediator terminates mediation; how many days to request arbitration?
10 working days
On expiration of 10 days of arbitration - if decision is not accepted - (not binding) parties may
Refer to a tribunal
If neither party by notice in writing requires immediate arbitration, all disputes are held in abeyance until
- Ready for takeover
- Contract has been terminated
- Contract or has abandoned work
(Whichever happens first)
Toxic + hazardous material, fossil, mould discovery;
When to notify ?
Immediately
General liability insurance: Insurance (in name of contractor)
Blanket policy covers : owner + consultant
How long covered?
From start of project - 1 year after ready for takeover
Liability insurance?
Liability coverage: ready for takeover - 6 years following ready for takeover
Broad form property insurance ; contractor, owner and consultant (insure all subs)
10 calendar days after ready for takeover
Ready for takeover; consultant reviews application
10 calendar days
Indemnification can be made for how long after ready for take over
6 MFN years
